HomeMy WebLinkAboutCC 1999-12-14 MinutesCITY OF MIAMI
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commir,SSION
MINUTES
OF MEETING HELD ON DECEMBER 14, 1999
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foenlatt/Clty Clerk
C71
INDEX
MINUTES OF REGULAR COMMISSION MEETING
DECEMBER 14, 1999
ITEM NO. SUBJECT LEGISLATION
I PRESENTATIONS AND PROCLAMATIONS. 12/14/99
DISCUSSION
1-2
2 DISCUSSION RE DAILY LINE FORMATIOTIS OUTSIDE 12/14/99
THE CITY'S MIAMI RIVERSIDE CENTER BUILDING DISCUSSION
BEGINNING 4 A.M., FOR BUILDING PERMITS AND 2-7
ARCHITECTURAL PLANS REVIEW.
3 CONSENT AGENDA. 12/14/99
DISCUSSION
7-15
3.1 ACCEPT BID OF SUN BELT MEDICAL SUPPLY, INC., 12/14/99
FOR PROCUREMENT OF PHARMACEUTICALS, R-99-920
($113,596.40), FOR THE DEPARTMENT OF FIRE -RESCUE. 8
3.2 ACCEPT BID OF MICHIGAN INSTRUMENTS, INC., 12/14/99
FOR PROCUREMENT OF CARDIAC PULMONARY R-99-921
RESUSCITATORS, AT A UNIT COST OF $4,637.58, FOR 9
A TOTAL ANNUAL AMOUNT $27,825.48, FOR THE
DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENT PROJECT, FUNDED BY
THE FIRE -RESCUE ASSESSMENT.
3.3 ACCEPT BID OF JULES BROTHERS UNIFORMS, INC., 12/14/99
FOR PROCUREMENT OF FIREFIGHTER UNIFORMS R-99-922
($200,000), FOR THE DEPARTMENT OF FIRE -RESCUE. 9
3
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3.4
ACCEPT BID OF AERO PRODUCTS CORPORATION
12/14/99
FOR PROCUREMENT OF INTRAVENOUS FLUIDS AND
R-99-923
ADMINISTRATION SETS, FOR DEPARTMENT OF FIRE-
10
RESCUE; ($50,800).
3.5
ACCEPT BID OF BURGESS & ASSOCIATES, INC.,
12/14/99
D/B/A HOT ZONE, USA, FOR PROCUREMENT OF A
R-99-924
HYDRAULIC CUTTER AND RAM, ($6,997), FOR
10
EPARTMENT OF FIRE -RESCUE; ALLOCATE FUNDS
FROM CAPITAL IMPROVEMENT PROJECT, FUNDED BY
FIRE -RESCUE ASSESSMENT.
3.6
ACCEPT BID OF PROFESSIONAL WELDING, INC.,
12/14/99
FOR PROVISION AND INSTALLATION OF
R-99-925
ADDITIONAL STEEL PICKET FENCING AT JUAN
10
PABLO DUARTE (ALLAPATTAH-COMSTOCK) AND
LEMON CITY PARKS, FOR DEPARTMENT OF PARKS
AND RECREATION, ($42,840); ALLOCATING FUNDS
FROM CAPITAL IMPROVEMENT PROJECT.
3.7
ACCEPT BID OF PROFESSIONAL GENERAL
12/14/99
CONTRACTORS, INC., FOR PROJECT "MORNINGSIDE
R-99-926
CABANAS AND POOL RIENOVATIONS, B-6301,"
11
($129,500); ALLOCATE FUNDS AS APPROPRIATED IN
ORDINANCE NOS. 11705 AND 11839, THE ANNUAL
APPROPRIATIONS AND CAPITAL IMPROVEMENT
PROJECTS ORDINANCES, ($129,500 CONTRACT COST
AND $19,602 EXPENSES, TOTAL ESTIMATED COST OF
$149,102).
3.8
AUTHORIZE FUNDING OF THIE LAW ENFORCEMENT
12/14/99
TRAINING TRUST FUND, ALLOCATE ($100,000), FROM
R-99-927
THE LAW ENTFORCEMENT TRUST FUND.
12.
3.9
APPROVE REFURBISHMENT OF SPORT COURTS AT
12/14/99
VARIOUS CITY PARKS, FROM AGILE COURTS
R-99-928
CONSTRUCTION COMPANY, INC., AND MCCOURT
12
CONSTRUCTION COMPANY, PIC., FOR DEPARTMENT
OF PARKS AND RECREATION, UTILIZING EXISTING
MIAMI-DADE COUNTY CONTRACT ($94,391.46);
ALLOCATE FUNDS FROM SAFE NEIGHBORHOOD PARK
BOND PROGRAM, COMMUNITY DEVELOPMENT
BLOCK GRANTS AND IMPACT FEES, AS
APPROPRIATED IN ORDINANCE NOS. 11705 AND 11839,
THE ANNUAL APPROPRIATIONS AND CAPITAL.
IMPROVEMENT PROJECTS ORDINANCES.
3.10 APPROVE PROCUREMENT OF ENVELOPES 12/14/99
CITYWIDE FROM MAC PAPERS, INC., UNDER R-99-929
EXISTING STATE OF FLORIDA CONTRACT ($20,000); 13
ALLOCATE FUNDS FROM GENERAL OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS.
3.11 APPROVE PROCUREMENT OF INDUSTRIAL AND 12/14/99
COMMERCIAL SUPPLIES FROM W.W. GRAINGER, R-99-930
INC., AWARDED UNDER EXISTING STATE OF FLORIDA 13
NEGOTIATED AGREEMENT PRICE SCHEDULE
("SNAPS") FOR VARIOUS CITY DEPARTMENTS,
($35,000); ALLOCATE FUNDS FROM OPERATING
BUDGETS OF USER DEPARTMENTS.
3.12 AUTHORIZE PURCHASE OF AMMUNITION FROM 12/14/99
DESIGNATED VENDORS, AWARDED UNDER EXISTING R-99-931
STATE OF FLORIDA CONTRACT, FOR THE 14
DEPARTMENT OF POLICE, ($146,320); ALLOCATE
FUNDS FROM POLICE DEPARTMENT.
3.13 AUTHORIZE CONTRIBUTION TO THE YOUTH CR.IlVIE 12/14/99
WATCH OF AMERICA; ALLOCATE FUNDS ($5,000), R-99-932
FROM THE LAW ENFORCEMENT TRUST FUND. 14
3.14 AUTHORIZE CONTRIBUTION TO THE YOUTH CRIME 12/14/99
WATCH OF MIAMI-DADE COUNTY; ALLOCATE R-99-933
FUNDS ($4,800), FROM THE LAW ENFORCEMENT TRUST 14
FUND.
3.15 AUTHORIZE DEPARTMENT OF POLICE TO UTILIZE 12/14/99
MIAMI-DARE AND MEDLEY POLICE DEPARTMENT R-99-934
FIREARM RANGES, ($13,000); ALLOCATE FUNDS FROM 15
POLICE DEPARTMENT GENERAL OPERATING BUDGET.
3.16 AUTHORIZE MANAGER TO ACCEPT FIVE (5) DEEDS 12/14/99
OF DEDICATION FOR HIGHWAY PURPOSES. R-99-935
15
3.17 AUTHORIZE MANAGER TO ACCEPT AND EXPEND 12/14/99
FUNDS AWARDED BY THE KEEP FLORIDA R-99-936
BEAUTIFUL, INC., TO THE OVERTOWN 15
NEIGHBORHOOD ENHANCEMENT TEAM (NET) FOR
WINNING THE 1999 LARGEST URBAN
NEIGHBORHOOD CLEAN-UP AWARD.
4 TABLE CONSIDERATION OF PERSONAL APPEARANCE 12/14/99
BY ANDY BALASH FROM OLD ARENA UNION, TO DISCUSSION
ADDRESS COMMISSION CONCERNING BASKETBALL 16
PROPERTIES AND LEVY RESTAURANTS HIRING
PRACTICES IN NEW AMERICAN AIRLINES ARENA. (See
section # 18).
FIRST READING ORDINANCE: AMEND CODE SECTION 12/14/99
54-190 "STREETS AND SIDEWALKS/BASE BUILDING FIRST READING
LINES/NONSTANDARD STREET WIDTHS," TO ORDINANCE
MODIFY THE WIDTH OF NORTHEAST 12T" STREET 17-22
BETWEEN NORTHEAST BISCAYNE BOULEVARD
AND NORTHEAST 2ND AVENUE.
6 DISCUSS AND TABLE CONSIDERATION OF PROPOSED 12/14/99
AMENDMENT OF RESOLUTION 99-564 TO INCREASE DISCUSSION
FUNDS VEMCK PARK PROJECT FROM $1,500,000 TO 23-24
$2,163,434. (See section # 8)
EXPRESS INTENT TO ACCEPT DONATION OF $2 12/14/99
MILLION FROM MARTIN MARGULIES FOR R-99-937
CONSTRUCTION OF YOUTH FACILITY AT GIBSON 25-30
PARK; DIRECT CITY MANAGER TO MEET WITH MR.
MARGULIES TO DISCUSS CONDITIONS ASSOCIATED
WITH THE ACCEPTANCE OF SAID DONATION, A SPACE
UTILIZATION PLAN, AND THE OPERATION AND
MANAGEMENT OF THE PROPOSED FACILITY AND TO
COME BACK WITH RECOMMENDATIONS.
8 AMEND RESOLUTION 99-564 TO INCREASE FUNDS 12/14/99
FOR VIRRICK PARK PROJECT FROM $1,500,000 TO R- 99-938
$2,163,434; ALLOCATE FUNDS FROM CAPITAL 31-32
IMPROVEMENT PROJECT ($663,434), AS
APPROPRIATED BY ORDINANCE NOS. 11705 AND
11839, THE ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCES. (see section #
6)
9 REPORT FROM MIAMI AUDIT ADVISORY COMMITTEE 12/14/99
REGARDING INDEPENDENT AUDITOR GENERAL — DISCUSSION
RECOMMEND VICTOR IGWE. 32-34
10 ALLOCATE $124,998 OF 25Tlf YEAR COMMUNITY 12/14/99
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO R-99-939
PROVIDE TECHNICAL ASSISTANCE AND CAPACITY 34-39
BUILDING OPPORTUNITIES TO 3 EXISTING
AGENCIES PROVIDING HOUSING ACTIVITIES THAT
HAVE NOT SATISFIED PERFORMANCE
REQUIREMENTS OF 24T" YEAR CDBG CONTRACT.
11 ALLOCATE $153,500 OF 25"" YEAR COMMUNITY 12/14/99
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS R- 99-940
TO PREVIOUSLY IDENTIFIED AGENCIES AT THE 40-50
SPECIAL MEETING OF NOVEMBER 30, 1999.
12 REFER TO MIAMI STREET CODESIGNATION REVIEW 12/14/99
COMMITTEE REQUEST MADE BY MR. FRANK M- 99-941
BALZEBRE (REPRESENTING COCONUT GROVE 50-53
COUNCIL AND COCONUT GROVE CIVIC CLUB), FOR
CODESIGNATION OF A PUBLIC RIGHT-OF-WAY IN
TRIBUTE TO SUE BILLIG'S DAUGHTER, AMY BILLIG.
13 MANAGER TO NEGOTIATE WITH ORANGE BOWL, 12/14/99
COMMITTEE TO PROVIDE SERVICES FOR ORANGE M-99-942
BOWL PARADE 1N EXCHANGE FOR CITY'S CO- 53-60
SPONSORSHIP OF EVENT AND HAVING NAMING
RIGHTS.
14 APPROVE CITY'S CO-SPONSORSHIP OF DR. MARTIN 12/14/99
LUTHER KING, JR. PARADE AND FESTIVAL -- CITY TO R-99-943
PROVIDE (1) TECHNICAL ASSISTANCE AND SUPPORT, 60-62
AND (2) IN -KIND CONTRIBUTIONS AND SERVICES, IN
AN AMOUNT NOT TO EXCEED $15,000.
15 PRESENTATION BY THELMA EDWARDS RE 12/14/99
SOUTHWEST COCONUT GROVE NET SERVICE CENTER. PRESENTATION
62-67
16 DECLARE EXEMPTION FROM CODE SECTIONS 364(a) 12/14/99
AND 36-5(a) -- NOISE RESULTING FROM FILMING THE R-99-944
"GRAPEVINE" TELEVISION SERIES, AT VARIOUS 67-68
LOCATIONS IN THE CITY, SUBJECT TO CBS
PRODUCTION OBTAINING CONSENT FROM THE
NEIGHBORS AT EACH FILMING LOCALITY.
17 PERSONAL APPEARANCE BY WILLARD HART 12/14/99
CONCERNING PROBLEMS WITH GARBAGE BINS AND DISCUSSION
COMMERCIAL SOLID WASTE PICKUP. 69-71
18 (A) RESOLVE THAT COMPLIANCE WITH AMERICAN
.AIRLINES ARENA FIRST SOURCE HIRING
CONTRACT (A CONDITION OF RESOLUTION NO.
98-99), IS A MAJOR PART OF THE MAJOR USE
SPECIAL PERMIT AGREEMENT;
(B) SCHEDULE SPECIAL MEETING, FOR
EVIDENTIARY PUBLIC HEARING REGARDING FIRST
SOURCE HIRING AGREEMENT COMPLIANCE BY
BASKETBALL PROPERTIES AND LEVY
RESTAURANTS AT THE AMERICAN AIRLINES
ARENA;
C) HOTEL EMPLOYEE RESTAURANT EMPLOYEES
UNION, LOCAL 355, TO PROVIDE THE CITY'S
COMMUNITY DEVELOPMENT/WORKFORCE
DEVELOPMENT DIVISION WITH THE 165 NAMES OF
DISPLACED WORKERS FROM THE MIAMI ARENA
WHO HAVE NOT BEEN HIRED AT NEW ARENA.
19 EMERGENCY ORDINANCE: AMEND CODE SECTIONS 2-
32 AND 2-33 "ADMINISTRATION/CITY
COMMISSION/TIME AND PLACE OF MEETING," TO
CHANGE THE DAY AND THE TIME CITY
COMMISSION MEETINGS SHALL BE HELD FROM
TUESADYS AT 10:00 AM TO THURSDAYS AT 9:30 AM;
FURTHER DIRECTING THAT "PROTOCOL ITEMS" BE
SCHEDULED AT 9:20 AM, OR TEN MINUTES PRIOR TO
THE COMMENCEMENT OF REGULAR CITY
COMMISSION MEETINGS.
20 EMERGENCY ORDINANCE: ESTABLISH SPECIAL
REVENUE FUND ENTITLED: "OFFICE OF THE CITY
CLERK/PASSPORT ACCEPTANCE FACILTIY (FY
2000)"- APPROPRIATE FUNDS ($113,260); AUTHORIZE
MANAGER TO (1) ACCEPT REVENUE DERIVED AS A
RESULT OF THE CITY'S SERVICES AS A U.S. PASSPORT
ACCEPTANCE FACILITY, (2) DIRECT THAT SAID
REVENUES GENERATED BE USED EXCLUSIVELY TO
FUND THE GENERAL OPERATING BUDGET OF THE
OFFICE OF THE CITY CLERK.
12/14/99
M-99-945
M-99-946
71-92
12/14/99
ORD. 11865
93-94
12/14/99
ORD. 11866
95-96
21 (A) AMEND PROPOSED EMERGENCY BUDGETARY
12/14/99
ADJUSTMENTS ORDINANCE BY DELETING
M-99-947
ADDITIONAL EXPENSES INCURRED BY STATE OF
M-99-948
FL.ORIDA FINANCIAL OVERSIGHT BOARD--
M-99-949
COMMISSION TO WORK WITH OVERSIGHT BOARD,
M-99-950
GOVERNOR, AND MIAMI-DADE LEGISLATIVE
ORD.11867
DELEGATION TO RESOLVE PENDING FINANCIAL
97-111
ISSUES.
(B) SCHEDULE HEARING CONCERNING PROPOSED
ADDITIONAL APPROPRIATIONS ($31,500) TO
OFFICE OF MEDIA RELATIONS FROM THE FY-
2000 BUDGET -INSTRUCT MANAGER TO
DIRECT MEDIA RELATIONS TO PROVIDE FULL
EXPLANATION.
(C) EMERGENCY ORDINANCE: AMEND SECTIONS
1,2,3,4 AND 5 OF ORDINANCE 11705, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR
THE PURPOSEOF ADJUSTING SAID
APPROPRIATIONS RELATING TO
OPERATIONAL AND BUDGETARY
REQUIRF.:MENTS OF CERTAIN CITY
DEPARTMENTS.
22 EMERGENCY ORDINANCE: AMEND SECTION VI OF
12/14/99
ORDINANCE 11705; REVISE PREVIOUSLY
ORD.11868
APPROVED CAPITAL IMPROVEMENT PROJECTS IN
112-114
THE GENERAL GOVERNMENT, SOCIAL AND
ECONOMIC ENVIRONMENT, PARKS AND
RECREATION, AND TRANSPORTATION AREAS.
23 SECOND READING ORDINANCE: ESTABLISH INITIAL
12/14/99
RESOURCES AND APPROPRIATIONS FOR SPECIAL
ORD. 11869
REVENUE FUND "STOP ACTIVE VANDALISM
115-116
EVERYWHERE" (`SAVE") GRANT, AUTHORIZE
MANAGER TO ACCEPT GRANT, ($179,640), FROM
MIAMI-DADE COUNTY; AUTHORIZE 25% REQUIRED
MATCHING FUNDS OF $59,880; ALLOCATE FUNDS
FROM POLICE DEPARTMENT LAW ENFORCEMENT'
TRUST FUND ($239,520).
24 SECOND READING ORDINANCE: AMEND
12/14/99
ORDINANCE 11769, TO INCREASE APPROPRIATIONS
ORD. 11870
TO SPECIAL REVENUE FUND "SCHOOL BASED
116-117
PARTNERSHIPS GRANT," ($17,500), CONSISTING OF A
SUPPLEMENTAL GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY
ORIENTED POLICING SERVICES.
25 SECOND READING ORDINANCE: AMEND CODE
12/14/99
SECTIONS 35-91, 35-92 AND 35-93, BY CHANGING
ORD. 11871
RATES AT CERTAIN ON -STREET LOTS AND AT
117-119
MUNICIPAL PARKING GARAGES.
26 SECOND READING ORDINANCE: AMEND
12/14/99
ORDINANCE 10021, WHICH ESTABLISHED INITIAL
ORD. 11872
RESOURCES AND INITIAL APPROPRIATIONS FOR
119-120
THE LAW ENFORCEMENT TRUST FUND, RECEIVED
AND DEPOSITED PURSUANT TO ORDINANCE NO.
9257, THEREBY PROVIDING FOR AN INCREASE
($3,000,000), AS A RESULT OF ADDITIONAL MONIES
DEPOSITED IN SAID FUND FROM SUCCESSFUL
FORFEITURE ACTIONS.
27 SECOND READING ORDINANCE: AMEND CODE
12/14/99
SECTION 29-122 "LANDFILLS AND WATERFRONT
ORD. 11873
IMPROVEMENTS/WATERFRONT ADVISORY
120-121
BOARD/SCOPE," TO REQUIRE THAT THE
WATERFRONT ADVISORY BOARD BE INFORMED
OF ANY DEVELOPMENT AND/OR DISPOSITION OF
WATERFRONT PROPERTY AT THE CONCEPTUAL
PLANNING STAGE.
28 FIRST READING ORDINANCE: AMEND CODE
12/14/99
SECTION 40-245 PERSONNEL/PENSION AND
FIRST READING
RETIREMENT PLAN/CITY OF MIA.MI GENERAL
ORDINANCE
EMPLOYEES' AND SANITATION EMPLOYEES'
121-123
RETIREMENT TRUST, TO ALLOW FOR
INVESTMENTS OF STOCK IN FOREIGN
CORPORATIONS.
29 FIRST READING ORDINANCE: AMEND CODE
12/14/99
SECTION 38-8 BY ESTABLISHING FLAT RATES FOR
THE USE OF THE MANUEL ARTIME PERFORMING
FIRST READING
ARTS CENTER; ELIMINATING SOME CONFERENCE
ORDINANCE
123-126
ROOMS AND CHANGING THEM AS RENTAL OFFICE
SPACE.
p
30 RESCIND RESOLUTION 99-12 WHICH PROVIDED
FOR AMENDMENT TO LEASE AGREEMENT WITH
GOLDEN SANDS ALLAPATTAH CORPORATION FOR
EXPANSION OF ADDITIONAL OFFICE AND
CLASSROOM SPACE WITHIN THE PROPERTY
LOCATED AT 1313 N.W. 36Tl' STREET, AT A GROSS
RATE OF $13.00 PER SQUARE FOOT; PROVIDE FOR
INCREASE IN MONTHLY FEE FROM $14,243.67 TO
$17,525.08 AS A RESULT OF ADDITIONAL SPACE.
31 AUTHORIZE MANAGER TO EXECUTE LICENSE
AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION OF CITY -
OWNED LAND LOCATED ALONG THE SOUTHWEST
2ND AVENUE BRIDGE, PROVIDING FOR SLOPING,
GRADING, TYING IN, HARMONIZING AND
RECONSTRUCTING EXISTING FEATURES OF THE
PROPERTY WITH HIGHWAY IMPROVEMENTS.
32 RATIFY, APPROVE, CONFIRM MANAGER'S
FINDING OF EMERGENCY, WAIVE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS, APPROVE
INSTALLATION OF ELECTRICAL OUTLETS AND
MODIFICATIONS TO ELECTRICAL SERVICE BY
MAGESCO, INC. TO PROVIDE ELECTRICAL
SERVICE FOR 15 ELECTRIC ALTERNATIVE FUEL
VEHICLES AT RIVERSIDE CENTER PARKING
GARAGE; ALLOCATE FUNDS ($1.8,665), FROM
CAPITAL IMPROVEMENT PROJECT.
33 RATIFY, APPROVE, CONFIRM MANAGER'S
FINDING OF EMERGENCY, WAIVE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS, APPROVE
REPAIRS TO AIR CONDITIONING CONDENSING
UNIT AT POLICE DEPARTMENT HEADQUARTERS
BUILDING, BY CARRIER CORPORATION, ($5,735);
ALLOCATE FUNDS FROM POLICE. GENERAL
OPERATING BUDGET.
12/14/99
R-99-951
126-127
12/ 14/99
R 99-952
127-129
12/ 14/99
R-99-953
132-133
12/ 14/99
R-99-954
134
0 O
34 RATIFY, APPROVE, CONFIRM MANAGER'S
12/14/99
FINDING OF EMERGENCY, AUTHORIZE INCREASE
R-99-955
FROM $660,116 TO $787,116, IN THE CONTRACTS
135-136
WITH SIX VENDORS, APPROVED PURSUANT TO
RESOLUTION 98-1118, FOR GASOLINE AND DIESEL
FUEL, TO COVER THE INCREASE IN THE PRICE OF
FUEL, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION; ALLOCATE FUNDS
FROM DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, HEAVY EQUIPMENT GARAGE.
35 DISCUSS AND DEFER CONSIDERATION OF PROPOSED
12/14/99
MANAGER'S FINDING OF EMERGENCY, AND
DISCUSSION
APPROVING THE PROCUREMENT OF ORIGINAL
137-142
EQUIPMENT MANUFACTURERS ("OEM") PARTS
AND REPAIR SERVICES FOR THE LIGHT FLEET
SERVICE CENTER, FROM EXISTING ($128,000).
36 ACCEPT BID OF PETERSEN INDUSTRIES, INC., FOR
12/14/99
11 HYDRAULICALLY OPERATED TRASH LOADERS,
R-99-956
FOR THE DEPARTMENT OF GENERAL SERVICES
142-144
ADMINISTRATION TO BE USED BY THE DEPARTMENT
OF SOLID WASTE, ($1,089,188.45); ALLOCATE FUNDS
FROM CAPITAL IMPROVEMENT PROJECT.
37 AUTHORIZE PAYMENT TO MIAMI-DADE COUNTY 12/14/99
FOR DISPOSAL OF SOLID WASTE COLLECTED R-99-957
($8,384,400) PURSUANT TO INTERLOCAL 144-149
AGREEMENTS WITH MIAMI-DADE COUNTY --
ALLOCATE FUNDS.
38 AUTHORIZE MANAGER TO ACCEPT 3 GRANTS 12/14/99
FROM MIAMI-DADE COUNTY: $51,783.39 TO REHIRE R-99-958
A CERTIFIED THERAPEUTIC RECREATION 149-150
SPECIALIST AND TO EXPAND THE EXISTING
HANDICAPPED ACCESSIBLE WALKWAY SYSTEM
AT MERRIE CHRISTMAS PARK; $61,038.61 TO HIRE
A CERTIFIED THERAPEUTIC RECREATION
SPECIALIST, AND TO INSTALL A NEW LARGER
HANDICAPPED ACCESSIBLE PLAYGROUND AT
KINLOCK PARK; AND $58,878 FOR THE DESIGN ANC
CONSTRUCTION OF A WHEELCHAIR ACCESSIBLE
TRAIL AT SIMPSON PARK.
065
39 FIRST READING ORDINANCE: ESTABLISH SPECIAL 12/14/99
REVENUE FUND "CITY OF MIAMI PROGRAMS FOR FIRST READING
PERSONS WITH DISABILITIES DADE COUNTY ADA ORDINANCE
GRANT" - APPROPRIATE FUNDS: $58,878 FROM 1996- 151
1997 GRANT FUNDS; $61,038.61 FROM 1997-1998
GRANT FUNDS; AND $51,783.39 FROM 1998-1999
GRANT FUNDS, CONSISTING OF THREE (3) GRANTS
FROM MIAMI-DADE COUNTY, OFFICE OF ADA
COORDINATION.
40
APPROVE DESIGNATION OF LITTLE HAITI 12/14/99
HOUSING ASSOCIATION, INC. AS DEVELOPER OF R-99-959
NEW SINGLE-FAMILY HOMES AFFORDABLE TO 152-157
FAMILIES AND INDIVIDUALS OF VERY LOW, LOB,
AND MODERATE -INCOME ON CITY -OWNED
VACANT PARCELS LOCATED IN THE LITTLE HAITI
NEIGHBORHOOD.
41 AUTHORIZE MANAGER TO EXECUTE NECESSARY 12/14/99
DOCUMENTS, PERMITTING MIAMI BEACH R-99-960
COMMUNITY DEVELOPMENT CORPORATION 157-158
("MBCDC") TO TRANSFER TITLE OF PROPERTY AT
935 PENNSYLVANIA AVENUE, MIAMI BEACH,
WHICH WAS ACQUIRED IN PART WITH $500,000 IN
HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS ("HOPWA") PROGRAM GRANT FUNDING, IN
ACCORDANCE WITH THE REQUIREMENTS OF U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT SECTION 811 PROGRAM.
42 DISCUSSION CONCERNING THE PLAN FOR ECO- 12/14/99
TOURISM ON VIRGINIA KEY BEACH,
DISCUSSION
158-160
43 APPROVE MAJOR USE SPECIAL PERMIT FOR THE 12/4/99
BRICKELL BAY VILLAGE APARTMENTS PROJECT - R-99-961
LOCATION: APPROXIMATELY 2101-2105 BRICKELL 160-206
AVENUE - APPLICANT: CORAL WAY INVESTMENTS,
INC.
44 CONTINUE CONSIDERATION OF PROPOSAL OF 12/14/99
ALLAPATTAH GARDEN APARTMENTS TO BE M-99-962
LOCATED AT APPROXIMATELY N.W. 36 STREET AND 206-209
N.W. 12 AVENUE TO BE CONSISTENT WITH THE
STATION AREA DESIGN AND DEVELOPMENT PLAN
AT THE ALLAPATTAH METRORAIL STATION.
tYwY
45
CONTINUE CONSIDERATION OF NOTIFICATION OF
12/14/99
PROPOSED CHANGE OF PREVIOUSLY APPROVED
M-99-963
DEVELOPMENT OF REGIONAL IMPACT FOR THE
209-210
BRICKELL SQUARE PROJECT AT 845-999 BRICKELL
AVENUE.
46
CONTINUE CONSIDERATION OF NOTIFICATION OF
12/14/99
PROPOSED CHANGE OF PREVIOUSLY APPROVED
R-99-964
DEVELOPMENT OF REGIONAL IMPACT FOR THE
211-212
BRICKELL SQUARE PROJECT AT 845-999 BRICKELL
AVENUE.
47
SPECIAL EXCEPTION TO ALLOW PARKING FOR
12/14/99
EXISTING HEALTH CLINIC HOSPITAL AT 1600 N.W. 14
R-99-965
AVENUE [applicant: Cedars Health Care Group, Ltd.]
212-213
48
GRANT APPEAL, REVERSE ZONING BOARD DECISION -
12/14/99
- LOCATION: APPROXIMATELY 405, 411, 421, 433, 439,
R-99-966
443, 447, 453, 465 AND 485 NW 4.. STREET -- APPLICANT:
R-99-967
MIAMI RIVER PARK ASSOCIATES, LTD. - DENIED
214-240
SPECIAL EXCEPTION FOR REDUCTION OF REQUIRED
PARKING SPACES FOR LOW-INCOME HOUSING
DEVELOPMENT.
49
DENY SPECIAL EXCEPTION FOR PROPOSED HEALTH
12/14/99
CLINIC AT 8-10 S.W. 32 AVENUE AND 15-17 S.W. 32
R-99-968
COURT ROAD [applicant: Independent Lab and Supply, Inc.]
240-244
50
APPROVE SPECIAL EXCEPTION TO ALLOW DRIVE-
12/14/99
THROUGH FACILITY FOR FINANCIAL INSTITUTION
R-99-969
AND TO REDUCE NUMBER OF RESERVOIR SPACES AT
244-246
5800 N.W. 7 AVENUE [applicant: Washington Mutual Bank]
51
CHANGE LAND USE DESIGNATION - AMEND 10544,
12/14/99
THE COMPREHENSIVE NEIGHBORHOOD PLAN - 1515,
ORD. ] 1874
1545, 1605, 1615 AND 1625 N.W. 7 STREET FROM OFFICE
246-247
TO RESTRICTED COMMERCIAL [applicant: Ashton
Ventures Two, LLC]
52
SECOND READING ORDINANCE: CHANGE ZONING -
12/14/99
AMEND 11000 - 1515, 1545, 1605, 1615 AND 1625 N.W. 7
ORD, 11875
STREET FROM O OFFICE TO C-1 RESTRICTED
247-248
COMEMRCIAL [applicant Ashton Ventures Two, LLC]
45
CONTINUE CONSIDERATION OF NOTIFICATION OF
12/14/99
PROPOSED CHANGE OF PREVIOUSLY APPROVED
M-99-963
DEVELOPMENT OF REGIONAL IMPACT FOR THE
209-210
BRICKELL SQUARE PROJECT AT 845-999 BRICKELL
AVENUE.
46
CONTINUE CONSIDERATION OF NOTIFICATION OF
12/14/99
PROPOSED CHANGE OF PREVIOUSLY APPROVED
R-99-964
DEVELOPMENT OF REGIONAL. IMPACT FOR THE
211-212
BRICKELL SQUARE PROJECT AT 845-999 BRICKELL
AVENUE.
47
SPECIAL EXCEPTION TO ALLOW PARKING FOR
12/14/99
EXISTING HEALTH CLINIC HOSPITAL AT 1600 N.W. 14
R-99-965
AVENUE [applicant: Cedars Health Care Group, Ltd.]
212-213
48
GRANT APPEAL, REVERSE ZONING BOARD DECISION -
12/14/99
- LOCATION: APPROXIMATELY 405, 411, 421, 433, 439,
R-99-966
443, 447, 453, 465 AND 485 NW 4.. STREET -- APPLICANT:
R-99-967
MIAMI RIVER PARK ASSOCIATES, LTD. - DENIED
214-240
SPECIAL EXCEPTION FOR REDUCTION OF REQUIRED'.
PARKING SPACES FOR LOW-INCOME HOUSING
x
aAl
DEVELOPMENT.
ors
49
DENY SPECIAL EXCEPTION FOR PROPOSED HEALTH
12/14/99
CLINIC AT 8-10 S.W. 32 AVENUE AND 15-17 S.W. 32
R-99-968
COURT ROAD [applicant: Independent Lab and Supply, Inc.]
240-244
g
50
APPROVE SPECIAL, EXCEPTION TO ALLOW DRIVE-
12/14/99
THROUGH FACILITY FOR FINANCIAL INSTITUTION
R-99-969
AND TO REDUCE NUMBER OF RESERVOIR SPACES AT
244-246
5800 N.W. 7 AVENUE [applicant: Washington Mutual Bank]a
t
51
CHANGE LAND USE DESIGNATION — AMEND 10544,
12/14/99
_-
THE COMPREHENSIVE NEIGHBORHOOD PLAN — 1515,
ORD.11874
1545, 1605, 1615 AND 1625 N.W. 7 STREET FROM OFFICE
246-247`Y`:"
TO RESTRICTED COMMERCIAL [applicant: Ashton
Ventures Two, LLC]
52
SECOND READING ORDINANCE: CHANGE ZONING —
12/14/99
AMEND 11000 — 1515, 1545, 1605, 1615 AND 1625 N.W. 7
ORD. 11875
STREET FROM O OFFICE TO C-1 RESTRICTED
247-248
COMEMRCIAL [applicant Ashton Ventures Two, LLC]
53
FIRST READING ORDINANCE: AMEND 10544, THE
12/14/99
COMPREHENSIVE NEIGHBORHOOD PLAN, CHANGE
FIRST READING
LAND USE DESIGNATION AT 724 N.W. 14 STREET
ORDINANCE
FROM DUPLEX RESIDENTIAL TO GENERAL
248-257
COMMERCIAL [applicant Miami Tele-Communications, Inc.]
54
FIRST READING ORDINANCE: AMEND 11000 —
12/14/99
CHANGE ZONING — 724 N.W. 14 STREET FROM R-2
FIRST READING
TWO-FAMILY RESIDENTIAL AND SD-12 BUFFER
ORDINANCE
OVERLAY DISTRICT TO C-2 LIBERAL COMMERCIAL
257-258
[applicant: Miami Tele-Communications, Inc.]
55
CONTINUE CONSIDERATION OF PROPOSED FIRST
12/14/99
READING ORDINANCE TO CHANGE FUTURE LAND
M-99-970
USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
258-259
PLAN ORDINANCE 10544 AT 3163, 3165, 3171, 3175 AND
3179 S.W. 22 TERRACE FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL [applicant: BAP
Development, Inc.]
56
CONTINUE CONSIDERATION OF PROPOSED FIRST
12/14/99
READING ORDINANCE TO AMEND ORDINANCE I1000
M-99-971
TO CHANGE THE ZONING CLASSIFICATION AT 3163,
260
3165, 3171, 3175 AND 3179 S.W. 22 TERRACE FROM R-2
TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL [applicant: BAP Development, Inc.]
57
CONTI-NUE CONSIDERATION OF PROPOSED SECOND
12/14/99
READING ORDINANCE TO AMEND ORDINANCE 11000
M-99-972
TO ADD SD-12 BUFFER OVERLAY DISTRICT FOR
260-273
PROPERTY AT 2725, 2731 AND 2733 N.W. 6 STREET IN
ORDER TO FACILITATE PARKING [Applicant: Luis Chi
for Fortune of the Chi, Inc.]
58
COMMENTS BY VICE CHAIRMAN GORT CONCERNING
12/14/99
THE NUMBER OF HEARINGS REQUIRED ON ZONING
DISCUSSION
ISSUES.
273
59
SECOND READING ORDINANCE: AMEND 11000 —
12/14/99
CHANGE ZONING — ADD, HISTORIC PRESERVATION
ORD. 11876
OVERLAY DISTRICT AT 2167 SOUTH BAYSHORE
274-275
DRIVE [applicant: Coconut Grove Park, Inc.]
60 SECOND READING ORDINANCE: AMEND 11000 —
12/14/99
CHANGE ZONING — ADD SD-12 BUFFER OVERLAY
ORD. 11877
DISTRICT AT 3633, 3653, 3661 AND 3665 S.W. 22
275-276
TERRACE TO FACILITATE SURFACE PARKING FOR
COMMERCIAL DEVELOPMENT BY SPECIAL
EXCEPTION [applicant: 11 Palazzo, Inc.]
61 AMEND DOWNTOWN MIAMI DEVELOPMENT OF
12/14/99
REGIONAL IMPACT (DRI) TO EXTEND
R-99-973
BUILDOUT/TERMINATION DATE PURSUANT TO
276-278
TOLLING REQRUIEMENTS [applicant: City of Miami
Downtown Development Authority (DDA)]
62 APPROVE MIAMI DESIGN DISTRICT AND LITTLE
12/14/99
HAITI/CREOLE DISTRICT PLANNING STUDY, A GUIDE
R-99-974
IN PLANNING FUTURE DEVELOPMENT,
278-281
REVITALIZATION AND PRESERVATION OF DISTRICTS
[applicant: City of Miami Planning and Zoning Department]
63 FIRST READING ORDINANCE: AMEND 10544 —
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000
GOALS, OBJECTIVES AND POLICIES TO IMPLEMENT
EVALUATION AND APPRAISAL REPORT GROUP II
RECOMMENDATIONS AND TO RESPOND TO STATE
REQUIREMENTS [applicant: City of Miami Planning and
Zoning Department]
64 FIRST READING ORDINANCE: AMEND 10544 -
OBJECTIVES AND POLICIES TO IMPLEMENT
EVALUATION AND APPRAISAL REPORT GROUP III
RECOMMENDATIONS FOR TRANSPORTATION
ELEMENT, AFFIRM DESIGNATION OF URBAN INFILL
AREA AND RESPOND TO NEW STATE REQUIREMENTS
[Applicant: City of Miami Planning and Zoning Department]
12/14/99
FIRST READING
ORDINANCE
281-282
12/14/99
FIRST READING
ORDIANANCE
283-284
65
FIRST READING ORDINANCE: AMEND 1544 — TO
12/14/99
CLEANUP AND UPDATE COMPREHENSIVE
FIRST READING
NEIGHBORHOOD PLAN — CHANGE LAND USE
ORDINANCE
DESIGNATION AT 8295, 8296, 8298, 8299, 8307, 8312,
284-285
8315, 8320, 8321, 8329, 8401, 8450 AND 8455 N.E. MIAMI
COURT, 30 AND 50 N.E. 84 STREET, 8305 AND 8401
NORTH MIAMI AVENUE AND 8290, 8300, 8310, 8320,
8334, 8340, 8400 AND 8440 N.E. 1 AVENUE FROM
RESTRICTED COMMERCIAL TO OFFICE; 1175 N.W. 67
STREET FROM SINGLE FAMILY RESIDENTIAL TO
MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES, AND 220 N.E. 43
STREET FROM MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO
SINGLE FAMILY RESIDENTIAL [Applicant: City of Miami
Planning and Zoning Department]
66
FIRST READING ORDINANCE: AMEND 11000 —
12/14/99
CHANGE ZONING — 6110 N.W. 12 AVENUE FROM G/I
FIRST READING
GOVERNMENT AND INSTITUTIONAL TO R-3
ORDINANCE
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO
286-287
BRING ATLAS IN CONFORMITY WITH FUTURE LAND
USE MAP [applicant: City of Miami Planning and Zoning
Department]
67
COMMENTS CONCERNING AGENDA, PRIORITY
12/14/99
ITEMS.
DISCUSSION
287-289
68
RELATED TO THE KING ORANGE BOWL
12/14/99
JAMBOREE PARADE ON DECEMBER 31, 1999;
R-99-975
CLOSURE OF STREETS ESTABLISH PEDESTRIAN
289-290
MALL; WAIVE APPLICABLE FEE FOR USE OF PUBLIC
RIGHT-OF-WAY; GRANT VENDING RIGHTS
CONSISTENT WITH AGREEMENT WITH BAYFRONT
PARK MANAGEMENT TRUST; ESTABLISH AN AREA
PROHIBITED TO RETAIL PEDDLERS.
69
DISCUSSION CONCERNING PROPOSED STRAW
12/14/99
BALLOT QUESTION ON MARCH 14, 2000 ELECTION
DISCUSSION
REGARDING TRANSFER OF FIRE -RESCUE SERVICES
290-291
TO MIAMI-DADE COUNTY. [see Sec. #77]
70
PROCEED WITH THE TERMINATION OR WINDING
12/14/99
DOWN OF THE AGREEMENT WITH MIAMI CAPITAL
M-99-976
DEVELOPMENT, INC. AND OBTAIN THE LOAN
291-303
PORTFOLIO FROM SAID ENTITY.
0�57Z7"
71 (A) CONTINUE CONSIDERATION OF AGENDA ITEMS
NOT TAKEN UP TODAY TO DECEMBER 17, 1999;
(B) PROVIDE FOR NONPARTISAN PRIMARY
ELECTION ON MARCH 14, 2000 FOR MAYOR, AND A
LATER GENERAL MUNICIPAL ELECTION (RUNOFF) ON
MARCH 28, 2000, IF NEEDED. [see Sec. # 74 and 76]
(C) COMMENTS RE MIAMI CAPITAL. [see Sec. # 70]
72 BASKETBALL PROPERTIES AND LEVY
RESTAURANTS (BPL), APPEARS TO BE IN
COMPLIANCE WITH FIRST SOURCE HIRING
AGREEMENT MADE WITH THE CITY OF MIAMI
RELATED TO THE NEW AMERICAN AIRLINES ARENA;
FURTHER DIRECTING THE CITY MANAGER TO
INSTRUCT DESIGNATED STAFF FROM COMMUNITY
DEVELOPMENT/WORKFORCE DEVELOPMENT
DIVISION TO WORK CLOSELY WITH THE 116
INDIVIDUALS WHO WORKED FOR THE OLD MIAMI
ARENA AND ARE CURRENTLY DISPLACED.
12/14/99
M-99-977
M-99-978
303-307
12/14/99
M-99-979
307-327
73 ORDER OF THE DAY — ITEMS TO BE HEARD. 12/14/99
327-328
74 MAKE PROVISIONS NONPARTISAN PRIMARY 12/14/99
ELECTION ON MARCH 14, 2000 FOR MAYOR, AND FOR M-99-980
HOLDING A LATER GENERAL MUNICIPAL ELECTION 329-330
(RUNOFF) ON MARCH 28, 2000, IF NEEDED. [see Sec.
#71 and 76]
75 ADJOURN SPECIAL COMMISSION MEETING HELD IN 12/14/99
CONNECTION WITH THE FIRST SOURCE HIRING M-99-981
AGREEMENT COMPLIANCE BY BASKETBALL 330-331
PROPERTIES AND LEVY RESTAURANTS AT THE
AMERICAN AIRLINES ARENA AND RECONVENED TO
CONSIDER ITEMS WHICH HAD BEEN CONTINUED
FROM THE DECEMBER 14, 1999 REGULAR AGENDA.
76 MAKE PROVISIONS NONPARTISAN PRIMARY 12/14/99
ELECTION ON MARCH 14, 2000 FOR MAYOR, AND FOR R-99-982
HOLDING A LATER GENERAL MUNICIPAL, ELECTION 331-332
(RUNOFF) ON MARCH 28, 2000, IF NEEDED. [see Sec.
#71 and 74]
(A) DISCUSS PROPOSED STRAW BALLOT QUESTION 12/14/99
77 REGARDING TRANSFER OF CITY FIRE -RESCUE DISCUSSION
SERVICES TO MIAMI-DADE COUNTY - REQUEST 332-336
STUDY;
(B) COMMENTS BY COMMISSIONER REGALADO
ON SLOW RESPONSE FROM OFFICE OF MEDIA
RELATIONS OF INFORMATION REQUESTED.
/8 (A) DISCUSSION CONCERNING THE USE OF LAW 12/14/99
DISCUSSION
ENFORCEMENT TRUST FUNDS FOR THE MAYOR'S 337-340
CONFERENCE (SUMMIT).
(B) DISCUSS CREATION OF OFFICE OF CITY
ADMINISTRATOR.
79
BAYFRONT PARK MANAGEMENT TRUST TO ISSUE A
12/1499
REQUEST FOR PROPOSALS/REQUEST FOR
M-99-983
QUALIFICATIONS AND INFORMALLY SOLICIT FOR,
340-345
AND NEGOTIATE WITH, FIRMS FOR SELECTION OF A
VENDOR TO PROVIDE VALET PARKING OR SELF
PARKING OPERATION IN BICENTENNIAL PARK ON A
TEMPORARY BASIS.
80
APPROVE INCREASE IN CONTRACT FOR "TOWER
12/14/99
THEATER REHABILITATION PROJECT, B-3253,
R-99-985
SECOND BIDDING" WITH PINO-FONTICIELL.A
345-347
CONSTRUCTION CORP., FOR INSTALLATION AND
CONSTRUCTION OF ITEMS; AUTHORIZE
ARCHITECTURAL FIRM OR LANDSCAPE ARCHITECT
SERVICES TO THE SOUTHWEST 15 AVENUE PLAZA
DESIGN PROJECT ($275,000).
81
APPOINT COMMISSIONER REGALADO AS A
12/14/99
"COMMITTEE OF ONE," TO BRING BACK REPORT IN
R-99-986
CONNECTION WITH ECONOMIC DEVELOPMENT.
347-348
82
APPOINTING COMMISSIONER REGALADO AND VICE
12/14/99
CHAIRMAN GORT AS CO -CHAIRPERSONS OF THE
R-99-987
JURISDICTIONAL BOUNDARIES COMMITTEE.
349-350
9
83
AUTHORIZE MANAGER WITH EMERGENCY POWERS 12/14/99
UNTIL JANUARY 3, 2000, AS TO POLICE, FIRE, R-99-988
PLANNING, ZONING AND PUBLIC WORKS ISSUES TO 350-352
ENSURE THE SAFETY AND WELFARE OF THE
CITIZENS OF THE CITY OF MIAMI, RELATED TO
CONCENTRATING ON THE PROVISION OF ESSENTIAL
PUBLIC SAFETY SERVICES AND EXPEDITIOUS
ADMINISTRATIVE REVIEW, PROCESSING AND
ISSUANCE, OF PERMITS, WITH PARTICULAR
ATTENTION BEING GIVEN TO THE ACTIVITY
CORRIDOR CURRENTLY EXISTING WITHIN THE
BOUNDARIES OF THE DOWNTOWN DEVELOPMENT
AGENCY AND ADJACENT ENVIRONS.
84
ACCEPT REPORT OF AUDIT ADVISORY COMMITTEE;
12/14/99
CREATE INDEPENDENT AUDITOR GENERAL
R-99-989
SELECTION COMMITTEE TO SOLICIT NATIONALLY
352-359
FOR CANDIDATES FOR POSITION OF INDEPENDENT
AUDITOR GENERAL; DIRECT MANAGER, ATTORNEY
AND CLERK TO PRESENT RECOMMENDATIONS
REGARDING PLAN AS TO FUNCTIONS, STAFFING,
COMPENSATION.
S5
APPOINT VICE CHAIRMAN GORT AS MEMBER OF THE 12/14/99
BOARD OF DIRECTORS
OF THE FLORIDA LEAGUE OF CITIES. R-99-990
359-360
86
AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH
12/14/99
COCONUT GROVE CARES, INC. FOR PRESENTATION OF R-99-991
ANTIQUE AND JEWELRY SHOW AT COCONUT GROVE 360-362
CONVENTION CENTER.
87
RATIFY, APPROVE, CONFIRM MANAGER'S 12/14/99
FINDING OF EMERGENCY, WAIVE REQUIREMENTS M-99-992
FOR COMPETITIVE SEALED BIDS, APPROVE 362-364
REPAIRS TO AIR CONDITIONING CONDENSING
UNIT AT POLICE DEPARTMENT HEADQUARTERS
BUILDING, BY CARRIER CORPORATION, ($5,735);
ALLOCATE FUNDS FROM POLICE GENERAL
OPERATING BUDGET.
88
DISCUSS AND TABLE CONSIDERATION OF PROPOSED
12/14/99
ENGAGEMENT BY THE CITY ATTORNEY,
ON BEHALF DISCUSSION
OF MIAMI SPORTS AND EXHIBITION AUTHORITY 364-365
(MSEA), OF THE LAW FIRM OF VERNER, LIIPFIRT,
BERNHARD, MCPHEARSON & HAND TO REPRESENT
MSEA IN THE CASE OF DECOMA, LTD, A TEXAS
LIMITED PARTNERSHIP VS. CITY OF MIAMI.
101
0
89 AUTHORIZE FINAL PAYMENT ($30,000) OF FEES TO 12/14/99
LAW FIRM OF DANIELS, KASHTON & FORNARIS, P.A. R-99-993
IN THE CASE OF GREGORI INTERNATIONAL OF 365-366
FLORIDA, INC. VS. THE CITY OF MIAMI, FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND.
12/14/99
90 (A) COMMENTS CONCERNING STRATEGY FOR DISCUSSION
PARKING LITIGATION; 367-368
(B) PRESS RELEASE POSITIVE MESSAGE -
HOLIDAYS - MEDIA RELATIONS.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of December 1999, the City Commission of Miami, Florida, met at its regular meeting
place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
Tile meeting was called to order at 9:34 a.m. by Vice Chairman Wifredo Gort with the following members
of the Commission found to be present:
Commissioner Wifredo Gort (District 1)
Commissioner Johnny L. Winton. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado (District 4)
ABSENT:
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Vice Chairman Gort: Good morning everyone. This is the final session for the Millennium; I hope -- for this
Century. First, we'll have the invocation by Commissioner Sanchez and the pledge of allegiance by
Commissioner Winton.
An invocation was delivered by Commissioner Sanchez, followed by Commissioner Winton leading those
present in a pledge of allegiance to the flag.
1:'PROCLAMATIONS & PRESENTATIONS. .
Vice Chairman Gort: First, we're going to have a ceremony. Commissioner Sanchez, you have a few
presentations?
December 14, 1999
xk. 3t 7.1
Commissioner Sanchez: Yes, sir, Vice Chair.
Note for the Rccords: Commissioner Teele entered the Commission Chambers at 9:37 am.
I. Certificate of appreciation by Commissioner Sanchez to the f01i01ving sponsors of the E.H.L. 1999
Halloween Carnival:
A.
Sergio Fiallo
B.
Yolanda Mancilla
C.
Jane Caporelli
D.
La Mia Supermarket
E.
Sedanos(2)
F.
Construction Catering Jetro
G.
Kiwanis of Little Havana
2. Proclamation by Commissioner Gort to Tropical Magazine, a Dominican Republic Weekly.
3. Commendation by Commissioner Gort to Officer Richard Perez for his connection with the Ailapattah
Produce Market.
4. Plaque and $2,000 check presented to Commissioner Teele by Miranda Albury for his leadership in
connection with "Keep Florida Beautiful" Overtown urban neighborhood cleanup.
Note for the Record: No vetoes.
Vice Chairman Gort: Pursuant to Section 4(g) 5 of the Charter, we don't have any vetoes from the Mayor?
Mr. Walter Foeman (City Clerk): No.
Vice Chairman Gort: OK.
Mr. Alejandro Vilarello (City Attorney): Commissioner, although we are changing the meeting time of the
City Commission, we're, at this point, prohibited from starting business of the City before 10 o'clock.
Commissioner Teele: Catch 22. That got Don, huh?
RE DAILYLINE FORMATIONS OUTSIDE THE CITY'S MIAMI RIVERSIDE,
[T1G BEGINNING 4 A.M., FOR BUILDING PERMITS AND ARCHITECTUItE1L
Vice Chairman Gort: Well, in the meantime, let's discuss several things that we have. I have a question. My
understanding is, in order to pull a pen -nit from the City of Miami now, people have to go at four o'clock in
the morning and pull a ticket to be listened to at eight o'clock in the morning -- come back at eight o'clock in
the morning. And, then, sometimes, even though they've been there since four o'clock in the morning, they
have received whatever notification, there's not enough time later on. Let some come back tomorrow. I
thought we had taken care of those things.
Mr. Donald Warshaw (City Manager): Commissioner, I wasn't aware it was at four o'clock. But I could tell
you, every morning I'm in at about six and there's usually a line from the front desk sometimes going out the
door. A lot of these people are making appointments to go into the Building Department to show plans and
blueprints. What I've recently done, working right now, is authorizing some additional positions, particularly
Plans Examiners -- and even though our turnaround time has increased a little bit from 30 days, it's Up to 45
days on plans. There's an enormous amount of activity right now going on in the City, which, obviously, is
December 14, 1999
very positive and we're going to need to put more people on. But this doesn't fail, that every morning we
have a line.
Vice Chainnan Gort: But we need to look into it because...
Commissioner Regalado: Mr. Vice Chair?
Vice Chairman Gort: Let me finish. My understanding is, what's taken place right now; there's people for
hire. In other words, people get paid to stand in line and, then, you know, it's...
Mr. Warshaw: I'm not aware of that and I'm not aware of the (inaudible) ...
Vice Chairman Gort: That is taking place. So, somehow, I would like to see if we could do something with
the system. Remember, we had a study done, and see if we can have -- separate the permits. Because anyone
going for a fence or for small permit, to go there at four o'clock in the morning, you know, it's -- when we
make it that difficult, there's a lot of illegal construction is going to be taking place.
Mr. Frank Rollason: Frank Rollason, Director of the Building Department. We've got several problems.
One is that the people that are in line there in the morning are the people that have to show up to see the
processing people for the permits. So, no longer can you get somebody to come there and get you a place in
line and, then, somebody else shows up. Everybody there shows an ID (Identification) and that's the person
that has to show to process the plan. That's number one. Number two. The reason that we have this back-up
that we have is that we are not able to handle the number of people that are showing up there. So, regardless
of what time we set the line -- and we have set the line by starting with what the overwhelming number of
people that come there on a regular basis have desired to do. We've set eight o'clock, seven o'clock, six
o'clock. Six o'clock has been the time that they have desired to start. We're going to continue to have this
problem until we have a number of people on board that can process the people. Now, today, starting today,
I've hired two people from an outside agency that have showed up today to start processing the building
portion. The building portion is the biggest problem, like fences, that's giving us a problem. The
walk-throughs go, typically, until noontime. Starting today, with the two people that we've hired, we'll keep
the walk-throughs open all day long for the building portion. Electrical, plumbing, mechanical, those we're
able to see and get those finished by 11:30, 12 o'clock. But building, which is the bulk of where we have the
problems with the Code, we'll now start keeping open during the day until 3:30, four o'clock or until that
finishes out with the people that show up.
Vice Chainnan Gort: Let me ask you another question. A fence. You're going to install a fence. Most of the
time there's no electricity. There's no plumbing. They don't have to go through that, do they?
Mr. Rollason: That's right. And they will be "x'd" out. They just have to -- and we're not even requiring
them to have a current survey. If they have a survey of the property that shows us, we don't make them go
out and get another survey, and they have to go through building. And sometimes there's a problem with
electrical, if there's underground utilities in that area, where they have to go there. So, we make sure that
somebody ends up putting a posthole in where we go into a power supply.
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: I have several questions. I've gone by around quarter to four, four o'clock, and I
see people standing outside Riverside. I have not...
Mr. Rollason: In the morning.
December 14, 1999
Commissioner Regalado: In the morning.
Mr. Rollason: Right.
Commissioner Regalado: Four a.m. They do register and they come back, then, around seven or eight.
Mr. Rollason: Eight o'clock.
Commissioner Regalado: Eight o'clock. Now, it seems to me that the logical thing to do is that, when you
can't meet with more people, you will say "those in this list will come back tomorrow at eight o'clock." But
the problem is that your people tell them "the list, no, we won't take anymore persons. Come back tomorrow
and register again." And that's very frustrating. Not to mention the fact that there's a lot of complaints that
people are being very rude to the people, and it's not one complaint. Several people have told me that, you
know, when you are trying to build something, you are in a hurry and you want to get to the desk and if you
have a lady there, I think, is that " you stand back or I'll kick you out of here." That's what the words that
were used. I don't think -- you know, these people want to do right. These people could be doing something
illegal and, yet, they come to pick up the permits. I don't know what is the explanation for not following a list
and making appointments for those people. Why is it that you have to do a list every day?
Mr. Rollason: Well, I...
Commissioner Regalado: And, yet, there are people that are not taken care of on that list. Today's list, for
instance.
Mr. Rollason: There are several answers to that, as to why we run into that problem. There are people that
come on a regular basis and learn the system. They come to us in the City. They come to the County. They
come to Coral Gables. And they understand how the process works. And when they have attempted to have
the list renewed again the next day, then you have people that will come in on a particular day and sign up
and, then, they will be on that spot and that spot continues to come up and, then, they reserve these spots.
And what happens from that is, they keep other people, that only need to come one time, from getting a spot
because they will fill up. I can only see, with the number of people we have now, about 16 to 18 people a
day, per discipline, and that's allowing about 15 minutes per person. So, the fairest way is to start everyday
and to give the individual homeowner, who only has to come down to get a fence, an opportunity to get on
the list. When the list runs and continues to run, you will have it tied up by the people that are professional
plans runners and the poor person that wants to come and do a fence never can get on the list. The answer is
to have enough people to be able to process the people that show up on a one- or two-day basis and,
hopefully, in working with the City Manager, we're going to accomplish that.
Commissioner Regalado: Well -- but -- I mean, that system is defeating the purpose because the people that
don't know, don't get in the top of the list and they never get to you. And I can bring you three persons.
Mr. Rollason: No, I understand. You're right.
Commissioner Regalado: I can bring you three persons that have -- you know, they don't know. This is a
lady that wanted to build a fence. She went there three times. She didn't know. She got in the bottom of the
list, and the day -- the next day the same thing. And the next day the same thing. That thing was happening
also at the driver's license office in Flagler Midway Shopping Center, and what they did is, they gave
appointments and solutioned that problem. So, I don't know. I mean, what you're telling me is that there's
nothing that can be done?
Mr. Rollason: No.
December 14, 1999
Commissioner Regalado: That the little people are just going to have to wait until you have more money to
hire more and more people and take care of them? I mean, you know, it's...
Mr. Rollason: Commissioner?
Vice Chainnan Gort: Commissioner Regalado, if you have any suggestions...
Commissioner Regalado: I have a suggestion.
Vice Chairman Gort: ... please write it...
Commissioner Regalado: I have a suggestion that they do...
Vice Chairman Gort: Write it down and send it to the Manager, so we can go ahead and...
Commissioner Regalado: It doesn't work, Willie. It doesn't work. I mean, it's going to continue like that.
The people are going to continue complaining.
Vice Chairman Gort: OK. Well, we're going to be arguing back and forth here all day. I've got
Commissioner Winton who wants to ask a question.
Commissioner Winton: I understand the point you're saying. I also understand Commissioner Regalado's
point and frustration. And, Mr. Rollason, you did answer -- the primary problem is that there simply isn't
enough staff to process the volume and any time you don't have enough staff to deal with a particular issue;
you set up a series of false rules to try to guide a process. Then, you change that process again to
accommodate something like this request and somebody's going to figure out how to stall that system. So,
the real answer is getting enough staff, which leads me to my question. What kind of analysis have you done
for your department and the volume of work that's coming to try to get ahead of this curb, instead of
constantly chasing the curb? And if you're also constantly chasing it, this problem, absolutely, will never be
solved.
Mr. Rollason: Oh, I agree. And we have done that. We've done the study. We've presented a package to the
Manager. It is in his office now for them to review. I think we all basically agree that, for the amount of
work that's coming to us in the City now, that the staff that's at the counters and the inspections -- it's just not
when you come to pull a permit, but now we're -- that -- sort of like, to me, is like the snake that swallows a
rat. It just moves along to another place. If we start processing these plans at a quicker rate, the next problem
is, is that the inspections that are called for don't take place in a timely manner, and you've got somebody who
wants to pour a footer, its got concrete ordered and you've got to have some out there to clear that footer. So,
we have addressed it, not just at the counter, not just at pulling the plans that need to be for research, but the
inspections and everything, and a total package has been presented to the Manager and they're moving
forward on that now.
Commissioner Winton: And when will we see that?
Mr. Warshaw: And, Commissioner, let me just -- if I can back up for a minute. And Frank did request these
additional positions in the budget. There were no increases in his department, as was the case in other
departments. However, a few months prior to the end of last budget year and, more particularly, these last
couple of months, the traffic has become incredible. And, again, I say it's a very positive thing for the City.
Vice Chairman Gort: Sure.
December 14, 1999
Mr. Warshaw: I've never seen this kind of energy there. Frank has requested nine plus support people. I
think it's a total of 13 positions. I'm in the process of approving them, converting some other positions and,
you know, following the directions of the Commission to try to place the personnel issues in the places where
they best serve the public. I'm going to convert some other positions that have been vacant and move them
over there because we need them now. And there's a tremendous amount of work involved in approving
these plans. And it's not just -- it's everything from fences to high-rise buildings to the Performing Arts
Center, the Arena, and major construction projects that takes long period of time and a lot of labor-intensive
work to get these plans...
Vice Chairman Gort: Mr. Manager, my understanding is, a year ago, two years ago we approved the
subcontracting of the individual from the private sector to help you along. Because this does not -- this
demand is not constant. So, it's -- you can lose money if you hire permanent people, but if you can
subcontract people that are licensed by the state and by the County to perform that same duty, that's one way
to do it. And I was under the impression that we already selected architect and engineers and...
Mr. Rollason: We have.
Vice Chairman Gort: ...team of individuals to do that work.
Mr. Rollason: We have three structural engineers that we use, which we give major projects out to. And,
then, the two people that I've got, that just showed up today, were through the contract that you just recently
approved...
Vice Chairman Gort: Right. OK.
Mr. Rollason: ...for professional services for...
Vice Chairman Gort: So, you should be able to go back and tap some of that.
Mr. Rollason: That is correct, but it's either...
Vice Chairman Gort: OK. The inspection in the street, can you do the same thing?
Mr. Rollason: Well, let me explain this to you. The two people that I brought back today, under the contract
that we passed, that came through the City under competitive bidding, this -- I hired back an individual that
left the City and went to work for this engineering outfit. I hired him -- he started today. I was paying him
nineteen dollars ($19) an hour. They're paying him twenty-five dollars ($25) an hour and I am paying them
sixty-five dollars ($65) an hour to have him sit there. So, what I'm saying to you is that we can do that, and
we do that in a pinch, but I think what the -- until it starts to slack off -- and we don't see any slacking off
coming any time soon. At least, we hope not -- that the workload that's coming dictates that the numbers that
we have will handle that. And, then, we'll still have to use those outfits to do some additional work.
Vice Chainnan Gort: I tell you what. It's 10:02. We've got to go through the regular agenda. So, why don't
you -- because this is something that all of us get complaints every day and you know it. So, why don't you
write us back, tell us what you're doing, and what we can do to expedite in helping the -- because I know
you're doing a great job in there.
Mr. Rollason: Yes, sir. Thank you.
Vice Chairman Gort: Thank you.
December 14, 1999
t
Commissioner Regalado: OK. If I could just mention something? Mr. Manager, the movement that you
have in that department is not because the level of construction is higher now. It's because people want to do
the right thing. That people want to do their construction with building permits. You know, there's nothing
strange about the level. I mean, there's no more construction going on now than it was four or five years ago,
10 years ago, but the people -- because people -- if they want to build a fence before, they just build it. And
now they're more conscious to have the inspectors and the NET and fine -- and people want to do right. You
do whatever you think you feel is necessary, but I will tell you that you are creating another crisis. People --
little people will decide not to get more permits and be those weekend warriors that we always complain
about. if you keep doing what you're doing now -- and this is not about personnel because people doesn't
have to be rude. If they have a lot of work, a lot of pressure, they do not have to be rude, and they are. And
you know that or probably you don't. But I'm telling you that I could bring you, neat session of this
Commission, I could bring you here people that will tell you that. I still say that you should give
appointments and by doing that, you will resolve part of the problem.
Mr. Warshaw: Commissioners, a couple of things. Based upon this heavy traffic, we've done kind of a
snapshot study, and not only is new construction dramatically increasing but you're right, you know people
are doing the right thing by coming in for permits, but the number of renovations of new constructions, of
both residential and commercial, has dramatically increased and, as a result of that, we're bringing on these
new people. Now, added to that, the aggressive code enforcement, where people now are coming in and,
hopefully, this is going to make the neighborhoods healthier, by ensuring that people come in for fencing.
You know, for all the things that we get on the back end as complaints, now people are coming in on the front
end and maybe we're going to change the culture of business, the way people do things in the City, that they
can't just erect fences and build walls and do things without permits. But I must point out to you that the
construction has dramatically increased. And I'll get you the snapshot that we did of the last year comparison
to'98 to'99, and 1 think that speaks real well for what's happening in the City.
Vice Chairman Gort: Thank you, Frank. OK.
3. CONSENT AGENDA.
Vice Chairman Gort: Consent Agenda. Does any Commissioner have any question before we pull any items
on the Consent Agenda?
Commissioner Sanchez: So move.
Vice Chairman Gort: Are there any questions? OK. It's a public hearing. There's a motion. Is there a
second?
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved and seconded. Anyone in the public that would like to address any of
the issues in the Consent Agenda? Show none. OK. All in favor state by saying "aye."
The Commission (Collectively): Aye.
December 14, 1999
s
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT AGENDA
ITEM WHICH WAS PULLED BY A GIVEN COMMISSIONER FROM THE
CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR
CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND
SCHEDULED AS A REGULAR ITEM ON THE NEXT AVAILABLE
AGENDA.
THEREUPON MOTION DULY MADE BY COMMISSIONER SANCHEZ AND
SECONDED BY COMMISSIONER REGALADO, THE CONSENT AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Plummer, Jr.
NAYS: None
ABSENT: Commissioner Arthur E. Teele, Jr.
(Here follows the body of the resolution, omitted here and on file in the Office of the City Clerk.)
"SUN. BELT MEDICAL SUPPLY, INC., ; FOR PROCUREMENT OF
($113,596.40),:FOR THE DEPARTMENT OF F RE -RESCUE,
RESOLUTION NO.99-920
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF SUN BELT MEDICAL SUPPLY, INC., UNDER BID NO.
98-99-014, FOR THE PROCUREMENT OF PHARMACEUTICALS, ON
AN AS NEEDED CONTRACT BASIS FOR ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED
$I13,596.40, FOR THE DEPARTMENT OF FIRE -RESCUE;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.280601.6.717.
December 14, 1999
. -L ,o,-. yr tritl:tttkiA.N INSTRU !RENTS, INC., FOR PItOCVR)EkAv'MENT OF CARDIAC
itI SIJS�ITATI�ItS, AT A UNIT COST OF' $4,631,589 FOR A TOTAL ANNUAL
S271$25.48, FOR. THE. DEPARTMENT OF VIRE-RESCUE- ALLOCATING FUNDS FROM
M PROVEMENT PROTECT, FUNDED BY THE FIRE -RESCUE ASSESSMENT
RESOLUTION N0.99-921
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF THE MICHIGAN INSTRUMENTS, INC., UNDER BID
NO. 98-99-062, FOR THE PROCUREMENT OF CARDIAC
PULMONARY RESUSICITATORS, ON A CONTRACT BASIS FOR
ONE (1) YEAR WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT A UNIT COST OF
$4,637.58, FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED
$27,825.48, FOR THE DEPARTMENT OF FIRE -RESCUE;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE NO.
289401.6.850, FUNDED BY THE FIRE -RESCUE ASSESSSMENT.
s J ACCEPT BID OF JULES , BROTHERS UNIFORMS, INC., FOR PROCUREMENT OF
FIREFIGHTER UNIFORMS ($200,000), FOR THE DEPARTMENT OF FIRE -RESCUE. , :-
RESOLUTION NO. 99-922
A RESOLUTION OF THE MIAIMI CITY COMMISSION ACCEPTING
THE BID OF JULES BROTHERS UNIFORMS, INC. FOR THE
PROCUREMENT OF FIREFIGHTER UNIFORMS, ON A CONTRACT
BASIS FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ANNUAL
AMOUNT NOT TO EXCEED $200,000, FOR THE DEPARTMENT OF
FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000.280601.6.075.
9 December 14, 1999
(p
luw u :AERO PRODUCTS ' CC
FLUIDS AND ADNtINiSTRATl
RESOLUTION NO.99-923
YROCUREMENT� OF:
'AR'TMENT Off' . Fes.
A RESOLUTION OF THE MIAMI CITY COMMISSSION
ACCEPTING THE BID OF AERO PRODUCTS CORPORATION,
UNDER BID NO. 98-99-076 FOR THE PROCUREMENT ON
INTRAVENOUS FLUIDS AND ONE (1) YEAR WITH THE OPTION
TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS,
FOR THE DEPARTMENT OF FIRE- RESCUE; AT AN ANNUAL
AMOUNT NOT TO EXCEED $50,800; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 00 1000.28601.6.714.
3.5 ACCEPT 'BID `.OF BURGESS ASSOCIATES, INC., D/B/A HOT ZO'�1E, 'USA,; FOR
1'20CUREMENT OF A HYDRAULIC CUTTER AND RAM, ($6,997), FOR EPARTMENT OF
FIRE-AESCIJE, ALL OCA i'] FUNDS FROM CAPITAL IMPROVEMENT PROJECT,' PLiNDED BY'
FLRE=RBSCUE:ASSESSMENT.
RESOLUTION NO.99-924
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF BURGESS & ASSOCIATES, INC., D/B/A HOT ZONE, USA, FOR
THE PROCUREMENT OF A HYDRAULIC CUTTER AND RAM, IN AN
AMOUNT NOT TO EXCEED $6,997, FOR THE DEPARTMENT OF FIRE -
RESCUE; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 313304, ACCOUNT CODE NO.289401.6.850,
FUNDED BY THE FIRE -RESCUE ASSESSMENT
3.6ACCEPT'. BID, OF : PROFESSIONAL WELDING, " ` INC., FOR PROVISION AND
INSTALLATION OF ADDITIONAL STEEL PICKET FENCING AT JUAN PABLO' DUARTE
(ALLAPATTA O,NSTOCK) AND LEMON, CITY PARKS, FOR DEPARTMENT OF PARKS
AND RECREATION, ($429840); ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT
PROJECT.
RESOLUTION NO. 99-925
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF PROFESSIONAL WELDING, INC., PURSUANT TO BID
NO. 98-99-068 FOR THE PROVISION AND INSTALLATION OF
ADDITIONAL STEEL PICKET FENCING AT JUAN PABLO
DUARTE (ALLAPATTAH-COMSTOCK) AND LEMON CITY
PARKS, FOR THE DEPARTMENT OF PARKS AND RECREATION,
AT A TOTAL AMOUNT NOT TO EXCEED $42,840: ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NOS. 331309 AND 331386, ACCOUNT CODE 589305-860.
10
December 14, 1999
0
RESOLUTION NO. 99-926
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF PROFESSIONAL GENERAL, CONTRACTORS, INC.,
FOR THE PROJECT ENTITLED "MORNINGSIDE CABANAS AND
POOL RENOVATIONS, B-6301," IN THE AMOUNT OF $129,500;
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331313,
AS APPROPRIATED BY ORDINANCE NOS. 11705, AS AMENDED,
.AND 11839, THE ANNUAL APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCES, IN THE AMOUNT OF
$129,500 FOR CONTRACT COST AND $19,602 FOR EXPENSES,
FOR TOTAL ESTIMATED COSTS OF $149, l 02; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
I 1 December 14, 1999
RESOLUTION 99-927
A RESOLUTION OF THE MIAMI CITY COMMISSSION
AUTHORIZING THE FUNDING OF THE LAW
ENFORCEMENT TRAINING TRUST FUND, AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $100,000, FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT, NOS. 690001, 690002, AND 690003, SUCH
EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF
OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT
OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING"
AND FLORIDA STATE STATUE, CHAPTER 932.7055, AS
AMENDED.
,. ur bruKf COURTS AT VARTOU CITY P
AGILE. COURTS CONSTRUCTION COMPANY, AC., ,AND MCCOURT CONSTRUCTIONS
COIV1PANy, INC., FOR DEPARTMENT OF._ PARKS. AND. RECREATION; UTILIZING EXISTING
MIAMI-DADE COUNTY CONTRACT ($94,391.46); ALLOCATE FUNDS FROM SAFE
NEIGHBORHOOD PARK', BOND PROGRAM, COMMUNITY DEVELOPMENT BLOCK GRANTS
AND IMPACT FEES, AS APPROPRIATED IN ORDINANCE NOS. 11705
ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PRAND 11839, THE
OJECTS ORDINANCES.
RESOLUTION NO.99-928
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE REFURBISHMENT OF SPORT COURTS AT VARIOUS CITY
PARKS, FROM AGILE COURTS CONSTRUCTION COMPANY, INC.,
AND MCCOURT CONSTRUCTION COMPANY, INC., FOR THE
DEPARTMENT OF PARKS AND RECREATION, UTILIZING
EXISTING MIAMI-DADE COUNTY CONTRACT NO. 1153-0/01-CW,
SUBJECT TO FURTHER EXTENSIONS, AT A TOTAL COST NOT TO
EXCEED $94,391.46; ALLOCATING FUNDS THERFOR FROM THE
SAFE NEIGHBORHOOD PARK BOND PROGRAM, COMMUNITY
DEVELOPMENT BLOCK GRANTS AND IMPACT FEES, AS
APPROPRIATED IN ORDINANCE NOS. 11705, AS AMENDED, AND
11839, THE ANNUAL. APPROPRIATIONS AND CAPITAL
IMPROVEMENT PROJECTS ORDINANCES.
12 December 14, 1999
RESOLUTON NO.99-929
A RESOLUTION OF THE MIAMI CITY COMMSSION APPROVING
THE PROCUREMENT OF ENVELOPES FROM MAC PAPERS, INC.,
FOR CITYWIDE USE, ON AN AS NEEDED CONTRACT BASIS
THROUGH AUGUST 28,2000, SUBJECT TO FURTHER
EXTENSIONS BY THE STATE OF FLORIDA, FOR VARIOUS CITY
DEPARTMENTS, UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 310-000-98-1, AT THE PROPOSED TOTAL
ANNUAL AMOUNT OF $20,000; ALLOCATING FUNDS THEREFOR
FROM THE GENERAL OPERATING BUDGETS OF VARIOUS USER
DEPARTMENTS AT THE TIME OF NEED.
r.K.v :UHEAlENT OF INUUSTRL41L , COMMERCIAL SUPPLIES FROM
ER, INC., AV�✓ARDED UNDER EXISTING STATE OF FLORIDA NEGOTIATED
RICE SCHEDULE ("SNAPS") FOR VARIOUS CITY DEPARTMENTS, ($35,00q);:
4DS FROM OPERATING BUDGETS: OF USER DEPARTMENTS. "
RESOLUTION NO. 99-930
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE PROCUREMENT OF INDUSTRIAL AND COMMERCIAL
SUPPLIES FROM W.W. GRAINGER, INC., AWARDED UNDER
EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT
PRICE SCHEDULE ("SNAPS") NO. 2851185, ON AN AS NEEDED
CONTRACT BASIS THROUGH AUGUST 27, 2000, SUBJECT TO
FURTHER EXTENSIONS BY THE STATE OF FLORIDA, FOR
VARIOUS CITY DEPARTMENTS, AT A TOTAL AMOUNT NOT TO
EXCEED $35,000; ALLOCATING FUNDS THERFOR FROM
OPERATING BUDGETS OF USER DEPARTMENTS.
13 December 14, 1999
q, 7
m
0
xi ALO E AMC ASK I or, :AAMUNMON MOM DESIGNATED rVENbORS,
i °WA 8i)I IbRR: ExlSTIN+J STATE QF FLbRibA CONTRACT, FOR 'THE DEPARTMENT OF
C s i `•,' t,) ,'OCA�Tg KjNbS.MOM toLiCR �EPARY'IvtENT..
RESOLUTION NO.99-931
A RESOLUTION WITH ATTACHMENT (S) OF THE MIAMI CITY
COMMISSION AUTHORIZING THE PURCHASE OF AMMUNITION
FROM DESIGNATED VENDORS AS LISTED IN EXHIBIT "A"
ATTACHED HERETO AND MADE A PART HEREOF, AWARDED
UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 680-000-
00-1, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED
CONTRACT BASIS, SUBJECT TO FURHTER EXTENSIONS BY THE
STATE OF FLORIDA, AT A TOTAL PROPOSED ANNUAL AMOUNT
OF $146,320; ALLOCATING FUNDS THEREFOR FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 00 1000,290201.6.703.
3:13 AUTHO 2IZE .CONTRIBUTION TO THE YOUTH`. CRIME WATCH OF AIMRICA;
ALLOCATE FUNDS .($5,000) FROM THE LAW ENFORCEMENT TRUST FUND
RESOLUTION NO.99-932
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CONTRIBUTION TO THE YOUTH CRIME
WATCH OF AMERICA, AND ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $5,000, FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002,
AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED
BY THE CHIEF OF POLICE AS COMPLYING WITH THE US
DEPARTMENT OF TREASURY'S "GUIDE TO EQUITABLE
SHARING," AND FLORIDA STATE STATUTES CHAPTER 932.7055,
AS AMENDED.
344. AUTHORIZE CONTRIBUTION TO THE YOUTH CREVIE WATCH OF IVIIAAH-DADE
COUNTY; ALLOCATE FUNDS ($4,800), FROM THE LAW ENFORCEMENT TRUST FUND
RESOLUTION 99-933
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING A CONTRIBUTION TO THE CITY YOUTH CRIME
WATCH OF MIAMI-DADE COUNTY, AND ALLOCATING FUNDS
THERFOR, IN AN AMOUNT NOT TO EXCEED $4,800, FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001,
690002, AND 690003, SUCH EXPENDITURES HAVING BEEN
APPROVED BY THE CHIEF OF POLICE COMPLYING WITH THE
U.S. DEPARTMENT OF TREASURY'S "GUIDE TO EQUITABLE
SHARING" AND FLORIDA STATE STATUTES, CHAPTER 932.7055,
AS AMENDED.
14 December 14, 1999
�irtJTIIOR E RTIUNT OF POLICE TO, U'T1 ME Iy)itXM DADLE E AND 'MEDY
C)Et E DEPAit iY'f i�iR Alit %iG) , ($i ,(lfi��;' >yi cATE �'UND5 Ong POpCR
`:DEPAYt"1'�1~Vt' Ci'EI�L OPBRA�'If�G L3��ET. ..:
RESOLUTION NO.99-934
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DEPARTMENT OF POLICE TO EXPEND
FUNDS TO UTILIZE THE MIAMI-DADE AND THE MEDLEY
POLICE DEPARTMENT FIREARM RANGES, IN AN AMOUNT NOT
TO EXCEED $13,000 ON AN ANNUAL BASIS, SUBJECT TO THE
AVAILABILITY OF FUNDS; ALLOCATING FUNDS THEREFOR
FROM THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET ACCOUNT NO. 001000.290201.6.2.70
316 AUTHORIZE MANAGER TO" ACCEPT ' FIVE. (S)' DEEDS OF . DEDICATION FOR'
HIGVVAY PURPOSES:
RESOLUTION NO.99-935
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE CITY MANAGER TO ACCEPT FIVE (5) DEEDS
OF DEDICATION FOR HIGHWAY PURPOSES AND APPROVING
AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY.
; 317 AUTH'ORIZE'MANAGER TO ACCEPT AND EXPEND FUNDS AWARDED-BYTHE.KEEP
FL• ORIDA BEAUTIFUL, -INC., TO THE OVERTOWN NEIGHBORH-00D ENHANCEMENT
'i`IEAM"; (NET) FOI2 ! WINNING THE 1999 LARGEST URBAN NEIGHBORHOOD CLEAN-UP
:AWAitD
RESOLUTION NO. 99-936
A RESOLUTION OF THE MIAMI CITY COMMISSION`
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
FROM KEEP FLORIDA BEAUTIFUL, INC., A NONPROFIT PUBLIC
EDUCATION ORGANIZATION AWARDED TO THE OVERTOWN
COMMUNITY FOR ITS CLEAN-UP CAMPAIGN FOCUSED ON
LITTER, IN THE AMOUNT OF $2,500; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, 1N A
FORM ACCEPTABLE OF SAID GRANT; FURTHER ALLOCATING
FUNDS THERFOR FROM THE SPECIAL REVENUE FUND,
ENTITLED KEEP AMERICA BEAUTIFUL.
15 December 14, 1999
c3S.�
ti
TIAtii;P CONSlt)ERATtON . OF PEhSONAL . AP.PP,AP,ANCP, I3'Y ANT)Y. BA , 14 FRO OLD
t�fiA'UNId�, .`tC> Af7blS5 Ct�SStt�N �t�I�iG�I�N�NG $ASICE'�BA1..L PRt'�P$R'C'�S AIV'I�.'
��VY R�S�`AU'TS G ��tACTICES t�fi NE'VV Alvi�It�GAN AiiR�.S A'�NA. See setrtttin
Commissioner Sanchez: Mr. Vice Chairman?
Vice Chairman Gort: Item 1.
Commissioner Sanchez: Vice -Chairman?
Vice Chairman Gort: Yes.
Commissioner Sanchez: At the request of the individuals who are going to be here for Item Number 9, they
had requested that this item be heard after lunch some time today.
Vice Chairman Gort: No problem.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Show Item 9 to be shown after lunch recess.
Commissioner Teele: Is Item 9 American Airlines?
Vice Chairman Gort: Yes.
Commissioner Teele: Mr. Chairman, I would also, respectfully, request that the Manager and the Attorney
have the appropriate persons here from the Heat organization to -- at this time that we're going to deal with
this issue. I think, we don't need to chase ourselves and we ought to try to set this for something like a time
certain, let's say 3:30 or so.
Vice Chairman Gort: I don't have any problem. Make it 4 o'clock to make sure you can get everybody here.
Commissioner Teele: Four o'clock. But I think it's very important...
Commissioner Regalado: If I can just say -- 1 have a press release that was sent to the media. The union is
calling for a demonstration at 1 p.m. outside City Hall. So, you might want to take that into -- I mean, for the
afternoon. If you do it now, I mean, they will feel that -- I mean — you do it in the afternoon.
Vice Chairman Gort: "That's what we're saying, four o'clock, so they can have the demonstration and bring
everybody and have everybody here.
Commissioner Teele: All right.
16 December 14, 1999
5. IRST , READING .ORDINANCE: AMEND CODE SECTION 54=190 "STREETS AND
SWtVVA-M/8ASE I311- DING IdNES%NONSTANDARD STREET 'V WT11S,'' TO MOMPY
TII (I NU1'tTitAST 12,11STREET DETWEEN NORT11tAST BISGAVA
, AI AND N� ST P6 AAN—Vto .
Vice Chairman Gort: Item 1.
Mr. Donald Warshaw (City Manager): Item 2. I think it's two.
Vice Chairman Gort: I'm sorry. Item 2. It's first reading, amendment to the City Code. Location map. This
is one that was before us before and, Commissioner Winton, you had some questions. This is right next to the
expressway. Amendment to the -- yes, sir.
Mr. John Jackson: John Jackson, Assistant... Acting Director of Public Works. This is an ordinance
amending Code Section 54.190, which would change the 70-foot zone width of Northeast 12th Street,
between 2nd -- Northeast 2nd Avenue and Biscayne Boulevard to 50-foot zone width.
Vice Chairman Gort: Thank you.
Commissioner Winton: I do have a couple of comments on this and, frankly, I don't have the answer and I'm
calling on my colleagues to listen carefully and help with this decision. As I mentioned in the first meeting,
the issue here is, on the surface, seems logical and reasonable enough for us to approve and, that is, that we're
simply giving this property owner of this land additional right-of-way that has been set aside for public use
for future road needs, and the City is saying "We don't need the right-of-way that's reserved. We have more
right-of-way reserved here than we actually need." So, from a logical standpoint, the request of the developer
here makes sense. However, the question relates to future needs for that corridor in the redevelopment of
I-395, and FDOT (Florida Department of Transportation) has no plan that anyone can look at that describes
what the future of 1-395 will be. However, we all know that I-395 is clearly in the sites of the community and
FDOT, so something is going to be done to redesign I-395. Everyone recognizes that it's a significant
problem and has to be redone. If you look at this specific location (and you're looking at the map), Northeast
I I Terrace, which is on the south side of I-395, a hotel currently sits there. So, if you're talking about a
realignment of I-395 in the future, you can't move the alignment to the south because there's a major hotel
that already sits there. So, if you have to have a realignment of I-395 in any fashion that requires additional
right-of-way, then you have to go to the north. To the north is where this existing property sits. So, what will
happen here is, if we grant these new rights to this developer, then that developer will build a much larger and
a new structure on that site that will have a much greater value than the value today. So, if there is a need at
some point down the road — and, frankly, that need will not likely come in the next five years. The need is
likely to be beyond the five-year segment, unless transportation priorities change. So, that need is likely to be
further out. But if the need comes in that five to ten year segment and we have to have a public taking of land
for the realignment of I-395, you have to take that northern piece, which is this parcel. And what we will be
doing, as a public agency, is granting additional density development rights, in effect, to a developer for that
site; so that if we do have to have a public taking for the realignment five to 10 years out, it's going to cost the
public, I don't know, two times, three times, four times, five times as much as it would today if we didn't
allow this additional easement right to be granted to the developer. So, you know, it is kind of a tough
question. I understand the developers' desires and objectives. It will firing new — he is going to, apparently,
build a project that makes some sense for our City, so we don't have a problem with that. It brings additional
revenue, but it does have potential -- only potential, by the way, to cost the community much more, and it's
potential because we don't know. So, that's the dilemma we have.
17 December 14, 1999
n
Vice Chairman Gort: My understanding is, we were going to ask staff to request from the State or the
County any additional planning. Because I can see I-395 is an egress, not an egress. So, the problem that —
the roof that is used presently, the northeast — the way I looked at -- I think it's 12th Street. On Northeast 12th
Street, it's very seldom there's traffic going through there because mostly everyone that comes to the beach
goes directly and goes into 2nd Avenue, and from the Omni, they go to the 15th Road. So, I don't know. I
think the -- there's a traffic study that is being done in that area. And do we have a copy of the traffic study
or any results of that traffic study or any other plans that the state has in the future?
Mr. Jackson: We spoke to FDOT in regard to what their plans were for the reconstruction of 1-395. They
have several alternatives, but they were not able to identify even one arterial, the direction that they would go.
We don't have any studies -- traffic studies on the area.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Thank you. Yes, sir.
Commissioner Teele: I want to commend Commissioner Winton, but before I do, I -- on the point that you
did this — cut off the debate -- and I recognize, Mr. Chairman, that we have a very difficult agenda and I'm
going to work fully with you in moving this agenda along. But on the issue that was being discussed, which I
never had an opportunity to weigh in on, which is the permits that Mr. Rollins was discussing. Again, I don't
know of any thing more important that we deal with in our agenda than the people that we serve, and when
you look at most of this agenda, its internal. It's government business. And I just want to be on the record as
saying that I think we should not only begin to think like legislators, because something significant is going to
happen in the next 90 days in this community, and we have not acted like legislators. We've acted
traditionally, like a Mayor/Commission form of government, which was management, executives and
legislators. We need to begin to hold oversight hearings and we need to begin to deal with the various
problems that our citizens have. I don't know of any problem more dramatic in terms of what we're trying to
do in lowering taxes and increasing development, making Miami more livable than dealing with the Building
and Zoning queue, particularly when you understand, Mr. Chairman, Mr. Manager, that that is one of the
only departments that I know -- and I got the report from the Marinas, and I think they overstated a little bit
how much money they made when the financial people added and took out and did everything and — it's
pretty much a break-even department. The Building Department makes money for this community. No
business in the world would not focus on the profit -making section of the business. The City of Miami is a
municipal business. We're a municipal corporation. And I really do think that we're doing a disservice, not
only to the citizens and the tax base, but I really do think we're sending a false signal when we've got NET
inspectors and investigators and we're cracking down on Code Enforcement, and we reshuffled the Code
Enforcement Boards, and we really want to get firm and then there's a queue. I can tell you right now, most
folks work -- live in the Miami and I don't know -- I would like to have asked Mr. Rollason how long we're
open on Saturdays and Sundays, and — huh?
Unidentified Speaker: We're not.
Commissioner Teele: Well, what do you mean we're not? I mean, that's my question is, we need to extend
the hours on Saturdays. If we're only open eight hours, then let's open more time. Most of the people who
want to comply are working people. And this is not Coral Gables, as much as some of us may want it to be.
This is a working community. How many hours are we open a day on Saturdays is my question? Can we
extend those hours? Because we've got to get out of this idea that this government works for the lobbyists on
one hand or the employees on the other, and -- which gets me to this issue that we have here today. I
commend Commissioner Winton because, quite frankly, I thought this was a technical issue. There is
18 December 14, 1999
nothing in this report that suggests this is not a technical issue and, yet, one of most prestigious, one of the
most intelligent, one of the most beautiful lobbyists in town is right here to defend this issue. And this is
certainly not a cut at you, Lucia, i have great admiration and affection for you. But when are we going to
start with a process in this City that returns the City back to the government and the people? if this is not an
item coming from the Public Works Department, if this is an item that is being driven by an owner -- and
God knows, every building owner, every property owner has every right to be here just like anyone else, and
I respect you for being here -- but the record ought to show that. The record should show that this is at the
request of the property owner. There is nothing in here. This looks like an official government, you know,
technical decision that is being driven by a technical decision. And the one thing that I've learned, to my
chagrin in the City of Miami, has been -- as Ms. Dougherty corrects me -- the one thing that I have learned in
the City of Miami is that this City has run by the property interests and, that is, the people looking to get some
type of activity from City Hall as it relates to property. I was in the County. I've been in the federal
government. I've never seen the property owners have so much clout. The owners of the commercial
property, it states -- that doesn't say this is at the request of them. That just says that the owners
contemplated. I mean, I think the whole issue of 395 -- and you just touched a very hot button with me,
Commissioner Winton. Everybody that lives in the area wants to depress 395. I mean, I don't think there's
any secret. There're been several studies. We sit there with the MPO (Metropolitan Planning Organization)
trying to figure out now how to get the port traffic, you know, off of 395 and onto 95, and all these various
studies that are going on. The tunnel requires some kind of adjustment on 395 because of the grade and all of
that. I don't know what we're doing here, if we're doing this solely for the interest of the property owner.
And if we are, you know, the issues ought to be much clearer defined and sharply focused, as Commissioner
Winton has done. This is an issue -- as a policy question, and the impact of 395 of this decision cannot be
denied. I mean, the question is, will the owner give us back some type of right that protects us, so we won't
look like a fools 10 years from now? And I think that's the real issue that I'd like to ponder and ask the staff.
Have you all worked out something with the owner so that there's a whole harmless and release if this 395...
Mr. Jackson: No, we haven't, at this moment.
Vice Chairman Gort: Before you go on. Commissioner Teele, there's something that we need to analyze,
and I think you and I and some of us, have experience, that the expansion of Miami -Dade has been at the
burden of the City of Miami at the expense of the City of Miami. We've seen that in Allapattah, with the 112,
we've seen them in Overtown with I-95. And I can see Commissioner Winton's point and I can appreciate it,
but, at the same time, we have to take care of the City of Miami business. Right now we have a lot of alleys
that had been opened. Those alleys are not being used. Those alleys, they need to be closed because those
alleys are not present because they're being used by criminal elements, and the police are beginning to ask us
to close some of those alleys. Some of the dedications that we had established in the past have not been used
before. And I have to tell you: One of the things that saved the City of Miami in that area of Grapeland is
that one time the County and the State wanted to put that whole unit right in the City of Miami. We moved it
to the other side, on the County's. I, personally, do not have any problem with this. I don't think the State has
any expansion coming in there. If they do, they should come out and say so. But, at the same time, I don't
think we should sacrifice property owners that want to develop or increase and make something better and,
particularly, in that one area where so much is needed. I mean, the Chamber of Commerce used to be there, I
think, it's ten or 15 years ago. They moved out of that building. They haven't been utilized anymore. And
this is the thing I think we need to look at. Yes, ma'am.
Ms. Lucia Dougherty: Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell
Avenue. And Commissioner Teele is absolutely right. This request is being brought by the property owner,
and let me explain why. If you look at this map, this being Biscayne Boulevard and this is 12th Street -- I
don't know if you saw two days ago, on the front page of "The Herald," they had Krome Avenue and the
widening of Krome Avenue 36 feet. After this ordinance gets passed, it's still going to be fifty feet on 12th
Avenue, which I would suggest to you, you'll never need 50 feet for 12th Avenue. But now it's 70-foot
19 December 14, 1999
right-of-way. Meaning, not that we have to dedicate the property, but we have to set back the property -- I
mean, set back the building this far. Now, you can see if we have this much setback on this property, this
much 15 feet on the other side, there isn't any building that could be built on that piece of property. It's only
83 feet wide. So, what we're suggesting, we had a large-scale development committee meeting. We are
going through the Major Use Special Permit process. Meaning, we've had a pre -application, large scale, in
which FDOT was invited, and they never made any comment. We have personally gone to FDOT to see if
there are any plans for the widening of 1-395 and they have no present plans. And I know Commissioner
Winton said that he was going to have his staff check with them, too, and i would guess that they had the
same response that we had. So, with no widening, as FDO -- by FDOT. The no requirement the City needs
for more than 50 feet. And, by the way, Commissioner, to answer your question, even with the 50-foot
right-of-way, that means we have to dedicate five feet or there is still feet of dedication, plus 15 feet of
setback. So, if you ever do need to widen it, there is sufficient room to widen it on the side.
Commissioner Teele: Lucia, why wouldn't our response be to grant you an exception on the setback? I
mean, why do we have to...
Ms. Dougherty: Because the setbacks are not measured in the City of Miami. Unlike every other
municipality, by the way, the setbacks are not measured from your property line. And I know Commissioner
Winton has done this before. It's measured from the zone street right-of-way. So, typically, in every other
municipality, including Dade County, you would measure the setback from the property line.
Commissioner Teele: From the property line.
Ms. Dougherty: Here, you don't. You measure it from an ordinance, which arbitrarily finds 70 feet into the
property line. So, not only do you have your property line, but you have this additional setback based on the
zone street right-of-way. And all we're asking for is, basically, our setback to be reduced to 20 feet as
opposed to 35 feet, exactly.
Commissioner Teele: Mr. Chairman, if I may? Is there any proffer that you all could make that would
protect us in case there is a widening or a tunnel or something? Is there anything that...
Ms. Dougherty: But we have put five feet additional over our property line. In addition. Already. And, in
addition to that, you'll have another 15 feet setback. So, that's 20 feet that you potentially would have to
acquire.
Vice Chairman Gort: Not only that. If you look at the property, the property between this property and the
hotel is a state-owned property, which is about 80 some feet wide, which is the -- if you're going to do the
tunnel, that would be done away with. Commissioner Winton.
Commissioner Teele: But why would we acquire our own land?
Vice Chairman Gort: The expressway is right...
Commissioner Winton: With all due respect, the point of this isn't 12th Avenue. That's not the point. The
point of this is -- I mean, 12th Street. The primary point here is that, if you have to do something major to
I-395, it could render your entire site non -usable for building purposes. That's the point here, or the majority
of it. And if you — so that the government is likely to have to buy this entire site, if there -- for this very
reason, and this is a relatively a narrow site. The government is likely to have to buy the entire site, if there is
a need for a taking at some point in the future. So, if we create an opportunity for a developer to have a much
higher density development project on this site, the cost of the public escalates dramatically, and that's my
point.
20 December 14, 1999
Ms. Dougherty: You may be correct. But you know what? in the meantime, in the next 10 years, before
they decide to widen I-395, you would have ad valorem taxes of a much greater extent than you do on that
building, which, basically, is dilapidated and not the kind of building that you want adjacent to your new
Performing Arts Center in downtown, which you're not getting any taxes on. This building — this office
building/hotel, you'll get taxes in the next 10 years, and you will not get somebody buying the whole
building. You'll get them buying that -- if they do -- that five or 10 feet in front of the building.
Vice Chairman Gort: Thank you, ma'am.
Ms. Dougherty: Thank you. I'm sorry to take up your time.
Vice Chairman Gort: OK. What is the wish of this Commission?
Commissioner Sanchez: So move.
Vice Chairman Gort: You move for approval?
Commissioner Regalado: Second.
Vice Chairman Gort: It's moved and second. Any further discussion?
Commissioner Teele: I want to hear from the Commissioner that represents the area.
Commissioner Winton: I think that the assumption that nothing will happen to the existing building on that
site for the next 10 years, in my real estate world, isn't necessarily a good assumption.
Ms. Dougherty: I would agree.
Commissioner Winton: Anything happens in real estate and it could happen tomorrow. And I am concerned
about this issue. That site is currently a usable site, as it currently sits, and I think that it is not, in the long
term, best interest of the public to grant this additional right to a developer, which was not there when the
developer bought the site. He had no rights to this, so this -- he walked in with his eyes opened, knowing
clearly what he had there, and would have to come to this body for a special dispensation, if you will. And
so, I guess -- and this is my own personal view and I'm not suggesting, at all, that the entire Commission has
to follow my view. But I'm not going to vote in favor of this.
Vice Chairman Gort: Thank you. Call the question.
Mr. Alejandro Vilarello (City Attorney): It's an ordinance.
Vice Chairman Gort: Read it. Call the question.
[COMMENTS MADE DURING ROLL CALL]
Vice Chairman Gort: I'm going to vote yes, and the reason I'm going to vote yes is because I don't think we
can hold plans and future expansions in the City of Miami in expectation of what the Federal, State or the
County government is going to do. In dealing with the FDOT, the plans they have for the future, I know 10
years might not seem, in real estate, like much, but in dealing with state planning, I can tell you that I have
seen their projections for the 10 -- next 10 years and I don't see any expansion in any of those projections or
the funding that they available for any of the new construction. For that reason, I vote yes.
21 December 14, 1999
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 54/ ARTICLE V/SECTION 54-190 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS
AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD
STREET WIDTHS," TO MODIFY THE WIDTH OF NORTHEAST 12TH
STREET BETWEEN NORTHEAST BISCAYNE BOULEVARD AND
NORTHEAST 2ND AVENUE, MIAMI, FLORIDA; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first reading, by
title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
NAYS: Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to the
members of the City Commission and to the public.
Ms. Dougherty: Thank you very much.
Vice Chairman Gort: Item 3.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: That matter is resolved. I just think that we need to be a little bit more careful of
what's going on in the Omni area and the Park West area. I mean, we need to send notice to lobbyists and to
the property owners that we're going to not do business the way this City has been doing business in the past.
City Hall has been a picnic. It's been cherry picking. You know, I sat up here and I stopped twice in a row
somebody wanting to steal the Firehouse there. Now, people are coming to me -- lobbyists are coming to me
saying, "Oh, these are the plans that we have," but nobody ever discloses what these plans are. I'm talking
about the Firehouse there on Miami Avenue. "Oh, it's about to fall down. "Oh, it will be a great burden to
get it off the City's hands." These are valuable pieces of property now, and it doesn't make sense for the City
of Miami and the City's fathers to let the lobbyists pick our pockets. We need to stay awake. And I'm not, at
all, referring to this project. I'm saying, there's a lot of activity going on now between the Omni and
downtown, and we don't need to be the old City Commission. We need to be a new City Commission. And
people shouldn't have the notion that they can just hire people to cone down here and pick our pockets. And
that's what I'm going to say and I'm going to keep saying it because I see what is beginning to develop, and
it's a trend, quite frankly, that's as ugly as what's going on at the airport. We need to put our foot down and
we need to basically say to everyone that we're going — and to our staff — that we want to evaluate these
22 December 14, 1999
issues, based upon what is best for the short-term and long-term view of Miami. And I really do think that
we're going to have to be collegial in looking at these areas. I don't know Allapattah. 1 don't know
Wynwood, as well as I want to know. I don't know Flagami, but I can tell you this: I'm relying upon the
Commissioners that represent the areas to guide me in those areas where I don't know, and I will support the
majority decisions of this Commission.
Vice Chairman Gort: Commissioner Teele, I understand. But I want you, at the same time -- and think this is
a fairly new Commission right here. i don't think any of us in here has been influenced by the lobbyists or
anyone. I've stated before, I've been in the downtown area for quite a few years. I know quite a little bit of
the — and I know what's taking place in the area, what's going to take place. At the same time, there's been
plenty of studies that have been done on the traffic studies within that whole area, and that's the reason for
this vote on this one item. This one item has never -- this road has never come up in any of those traffic
studies or future projections that are going to be coming up. And we all know they have been doing studies
in that area for the last 10 -- and most intense in the last five years. So, I'm pretty sure this Commission here
is going to take a decision today, but it was the best.
Commissioner Teele: I want to take exception to one thing. Because the greatest disappointment that I've
had in public office has been to see my own colleagues, not here in the City but in the County, respond more
to lobbyists than they do to each other or to the Manager. That doesn't happen in most legislative bodies.
What I'm saying to you is not that this issue had anything to do with that. That's not at all what I'm talking
about. What I'm speaking about now is that we need to be very diligent about what's going on in the Omni
and what's going on at Park Avenue. The fact of the matter is that we need more capacity on our streets in
these areas, not less. I fully agree with Commissioner Winton on one point, that this site was acquired by an
owner who knew what it was. The "x" factor, as always, can you come to City Hall and get something
changed? And that's the word all over town. And what I'm saying is that, as long as I'm trying to serve here,
I don't want that to be the word about the City of Miami. I want us to be diligent in doing what it is we think,
for the short-term and long-term view, for the citizens of Miami. And, quite frankly, the frustration that 1
have about this item is that I saw this as a technical item, and I'm really upset with myself when, in fact, this
is not a technical item. It's an item being requested, you know. But there's nothing in the record here. There
is no statements of meetings. There's no statements of this, that or the other. So, I'm through with it. But I
do want you to know, Commissioner, that I see more churning going on here now than I have in the last two
years that I've served. I mean, there's more Gucci's crawling around here now than there has been in two
years, and it looks more and more like County Hall process.
Vice Chairman Gort: You know, those Gucci's, they need to understand they need to talk to the
administration and to this Commission. The bottom line stops here. We're the ones that make the decisions.
6. DISCUSS AND TABLE CONSIDERATION OF PROPOSED AMENDMENT OF RESOLUTION 99-
564 TO INCREASE FUNDS VIRRICK PARK PROJECT FROM $1,500,000 TO $2,163,434. (See
rgction # 8)
Vice Chairman Gort: Item 3, please.
Mr. Albert Ruder: Good morning. Albert Ruder, Parks and Recreation Director. This amends a previous
resolution approved by the Commission at the November 16th meeting. You approved the transferring or
reprogramming of some funds from the Little Havana area to the Virrick Park area, and this basically
increases the amount of funds available for this project from one point five to two point one six three four
three four. And it's a Safe Neighborhood project, which we're trying to move as quickly as possible.
Commissioner Teele: Is this a public hearing?
23 December 14, 1999
Commissioner Sanchez: Mr. Vice Chair, if I may?
Mr. Ruder: Yes, it is.
Commissioner Sanchez: If I could be recognized, Mr. Vice Chair?
Vice Chairman Gort: Go right ahead.
Commissioner Sanchez: Just to elaborate on this matter, and just to clear the fog, the money that's being
transferred from the project or the Parks Bond money from Jose Marti Park is money that was allocated to a
project there, but the expansion of that project consists of several properties that must be bought by the City
of Miami and, apparently, the owners do not want to sell this property. So, that money that's been allocated
to that project, although we don't intend -- you know, we're not going to lose the money, but with the process
of the delay of time, that money -- and going from my district, I am willing to make the sacrifice, and not only
represent one district but the whole City, and it's to allocate that money to a park that is right now being
rebuilt and it's looking very nice. So, to hold back on the process, I think that, in the spirit of kindness during
the holiday season, I think that that money that's going to be allocated to Virrick Gym from my part — as long
as it's guaranteed that it will be allocated right back to that park as quickly as we require the property or we
are allowed to proceed with the project. So, I just wanted to clear that so, later on, we don't get into the
political games of one Commissioner giving away allocated money. And I say this, and I've said it many
times before, once we went to a district representation, I think that we created turf wars that are not necessary.
I think that Commissioners up here tend not -to -not only look out for their district but also look out for the
well-being of the City of Miami, clearly demonstrates good leadership ability, which is needed in every
legislative body or government. So, I just wanted to clarify that so, some time in the future, people don't
come out and say, "Well, that Commissioner gave away money from his fund to another park." And I want it
on the record that I am doing it because we stand holding back one project that will not be built in time;
therefore, we have one project that will be built in time and the community could use it. Thank you.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Public hearing?
Vice Chairman Gort: Yes.
Commissioner Teele: I'll wait until after the public.
Vice Chairman Gort: Anyone to speak on this item?
Commissioner Regalado: Mr. Chairman? I think Commissioner Sanchez has explained why is this change
of funds from one place to another. For the benefit of the public, we have a timetable that we have to follow.
The Parks Bond money is a very fragile commodity and we have to use it or lose it. And...
Vice Chairman Gort: Commissioner Regalado, can I interrupt you for a minute?
Commissioner Regalado: Sure.
[At this point, item 3 was tabled for further discussion.]
24 December 14, 1999
r
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���aLL 11n 1T16 fiVVL"YlANC.i�'' Vt'
A SPACE UTILTZATI-0-N PLAN, AND THE OPERATION AND MANAGEMENT.
PACIUTY AND TO COME BACK WITIi R.1✓COMMENDATIONS.
Vice Chairman Gort: Commissioner Regalado, can I interrupt you for a minute?
Commissioner Regalado: Sure.
Vice Chairman Gort: I think, being that we're in December and Christmas is coming up, I think we have
something that I'd like to hear first and I think this might make Commissioner Teele very happy. We have
Mr. Martin Margulies, who's going to make a donation to the City to go to Gibson Park. And we asked for
time certain for that. You ready, Mr. Manager?
Mr. Martin Margulies: Good morning.
Vice Chairman Gort: Good morning.
Mr. Margulies: I'm Mark Margulies. I live on Key Biscayne.
Vice Chairman Gort: Right. Mr. Margulies, my understanding is, you requested for a time certain. My
understanding, without the Commissioner within that district has a problem with it and do you want to bring
it back later or you want to listen to it now, Commissioner?
Commissioner Teele: Mr. Chairman, let me say -- and I've written a personal note. I'm extremely excited
about this two million dollar ($2,000,000) gift and I think it is something that is not only needed. It is a gift
that is long-time coming. My concern, as I have stated to Mr. Margulies, to Mayor Carollo and to the
Manager, is simply stated: Number one. There must be a public hearing before we accept any funds or any
activities relating to public parks or parks in my district. Number two. The problem with this gift is that it is
a tremendous two million dollar ($2,000,000) gesture of great humanitarian and charitable act in a location
that, quite frankly, a number of people have deep concerns about. The Gibson Park is one hundred and five
percent utilized for optimist football and soccer. We don't have enough space. The biggest problem that we
have in Overtown -- and this is -- Mr. Margulies, this has nothing to do -- it has to do with the way we, the
City, designed these facilities. It was under designed, not enough space. The optimist football is the most
successful program in Overtown. It involves, literally, almost a thousand children and families, et cetera, and
it took three years to get started and were it not for the Police Department and the CRA (Community
Redevelopment Agency), it never would have gotten off the ground. It draws more people and has more
support than any three things that go on in Overtown on an annual basis. Optimist football is a very big
thing. The problem with this grant is that, in the location of Gibson Park, if it is site -specific to the existing
Gibson Park, it is going to have a very, very, very negative impact on the optimist football. And what I've
asked the staff to do, repeatedly, asked the Manager to do -- the last thing I want to do is communicate, in any
way, shape or form, that we're not grateful, we're not needy, we're not solicitous, we're not cooperative.
We're willing to do whatever. But, again, it's one of those things where the Parks Department, the Planning
Department staff, none of them were coordinated -- involved in the this, in the initial stages. There's not been
the coordination. The optimists have expressed some very real concerns about it and we need the field house.
We need it. And I don't want to say anything, other than the fact we need it. And I'm certain that, if we could
all work together, we could accommodate both the optimist football and this very generous gesture. But to
place this field house right now in the very precious open space -- the biggest problem of Overtown is
25 December 14, 1999
everything is crowded up. There's virtually no open space. There would work a very real hardship and, in
fact, would undermine the programs that have been set up. And what I've asked the Manager to do was to see
if there's someway we could work together to develop an appropriate spacilization working with the optimist,
working with the various entities in Overtown and yourself, along with the Parks Department and the
Planning Department, as well as the CRA. I would just ask Mr. Ruder, again, the whole issue of the football
-- optimist football is the only issue and I've asked that this be conveyed to you at any number of times, as
well as discussing this with the Manager, at least on three occasions, to say that we're very grateful and we
want very much to accommodate both the optimist football and this very wonderful gift.
Ms. Margulies: Well, I'll respond to that, if I may?
Vice Chairman Gort: Thank you. Yes, sir. State your name and address, please. He already stated that.
Name and address for the record.
Mr. Margulies: I'm a little hard of hearing.
Vice Chairman Gort: Name and address for the record.
Mr. Margulies: Yes. Martin Margulies, 445 Grand Bay Drive, Key Biscayne. This will not interfere with
the football program because the site of this facility is on the corner and right now -- it's right next to the
church, Reverend Nevan's church. I've spoken to the people in Overtown, the Overtown Advisory Board. I
did make an effort to reach Commissioner Teele, unsuccessfully, I might add. And when I originally
approached the City Manager about this facility, I just told him that I didn't really want to be involved in the
political process, as much as possible. We understand, I have to go before the City. But I just don't want to
get involved in the political speeches or anything else like that. I'm coming forward with a very simple
proposal and I'd like to read something, if I may, of Colin Powell, who's involved in an organization called
the "Alliance for Youth - America's Promise. An ongoing relationship with a caring adult; a safe place with
structured activities during non -school hours," and that's what this facility will be. A safe place where
children, from the ages of 9 to 15, in this area, can participate as they're entitled to do. This is the facility. It
will not just be an athletic facility. It will be a facility, which teaches these children that they can look
forward to a career; they can learn about checks; they can learn about credit cards; they can learn about
making applications to colleges; they can learn about making applications to life, and that's exactly what my
goal is. And I will say this to you, and I mean this very sincerely. I will do this facility because I want to do
it. Its a humanitarian gesture. I have the means to do it. I felt very strongly about this because six blocks east
of this facility is a two hundred and forty million dollars ($240,000,000) Performing Arts facility and the
Overtown community gets zip. And, so, I decided to step forward and do this facility. If there's opposition, I
don't object to that. I'il just do it somewhere else. And I really don't want to get involved in this political
process, with all due respect. So, that's my pitch. And it's an 18,000-foot facility and I'm not looking for
gratitude; I'm not looking for solicitation or anything else like that. I have some very prominent people in this
community, Black citizens, who are involved in this and wanted to see it go. Alonzo Morning, for example,
has sent me a letter and he's very enthusiastic about getting involved in raising money on this. There will be
no money necessary to build the facility. I will fund that myself I'm not asking you for anything. If you
want to do it, it's right out on the table. If you don't want to do it, I'll respect whatever you do.
Vice Chairman Gort: Thank you, sir. Commissioner. Commissioner Teele. (Applause)
Commissioner Teele: Mr. Chairman, again, my point of view has been very clear. I'm well aware that what
we need less is a political discussion. I've respectfully asked that the Manager, the Planning Department and
the Parks Department to work with the gentleman to ensure that all of their concerns and the concerns of the
community are addressed. To my knowledge, there has been minimal discussions on this. I would only
remind you again, sir, that this community has been absolutely abused by a lot of people who wanted to do
26 December 14, 1999
f.;
good and I'm the Commissioner that's elected, as long as I'tn here, to protect this community. Need 1 remind
you that Miami -Dade Community College came in and promised with a hundred of good hours of fanfare
and editorials about what they were going to do in Overtown? A health clinic. That health clinic worked for
four years; they went out and promised everybody that there would be health cards. The next thing, it's
packed up and gone. Another gentleman came and promised scholarships for every student that graduated
from high school and junior high school in Overtown. That's a false promise and that promise is also gone. I
think it's only fair and proper that government ensure that gifts that come are appropriate and that they are
real, and I am not questioning your sincerity or your integrity. But I will say this: I believe that you, as a
person who is of good standing, can understand the appropriateness of proper planning. I've not asked you to
coordinate with my office. The only office that I asked you to coordinate with is the Parks Department and
the Planning Department. Obviously, Asset Management and all these other departments will get in. I want
to be very clear. I believe that the Overtown community needs the kind of offer and gift that you're making,
and I want to be fully supportive of that. But, at the end of the day, I want to know that we have a plan to run
this facility; a place to put this facility. And the problem of the City of Miami has traditionally been that we
have accepted things without thinking it through, without planning it out, without ensuring that it's right. You
wouldn't do that in your business and I don't think you should ask me, as a Commissioner, of this very fragile
community -- and to throw up the fact that you don't want to be in politics and all of that. I don't want this in
politics. All that I want this to be done is done in a proper and business -like manner, the same way you
would run your business and the same way you would do anything else. I've asked, repeatedly, for you to
work with the Parks Department, the Planning Department. You don't have to work with me on it. I'm for it.
I'm one hundred percent for it. I just want to ensure that, at the end of the day, five years from now, three
years from now, that we have something that makes sense, that is real, that is not another facility, like we
have all over this place, that can't be opened up and we have no way to operate it. That's all that I've asked,
sir. And I would be very pleased to move the acceptance of the donation, subject to the Parks Department
and Planning Department coming back with -- after a public hearing and making a full report to this
Commission.
Vice Chairman Gort: There's a motion.
Commissioner Winton: Second.
Vice Chairman Gort: There's a second.
Commissioner Winton: Second.
Vice Chairman Gort: OK. Discussion? Mr. Manager, you asked to...
Mr. Donald Warshaw (City Manager): Commissioner, just -- if I can, very briefly, give you some
background on this. Mr. Margulies has been a friend for many, many years of former Assistant City Manager
Dena Bianchino. And she came to me seven, eight months ago. I didn't really know Mr. Margulies that well.
He's a major developer in Dade County and he's somewhat of a private person. I don't want to embarrass
him, at all, but I know a little bit more about him now than I knew before. And, basically, he came to Ms.
Bianchino with a set of plans and had stated to her and to myself that he had been meeting privately, on his
own, with people in Overtown and this is a dream that he's had for many, many years. Something he wants
to do. I don't really know a whole lot of what his personal feelings are and what it is that's driving him, but in
my meetings with him, he's expressed to me that this is something he feels very passionately about. He wants
to do. And he asked me to respect his privacy and not really make a public event out of this. However, I
made it clear to him that, at some point, in order for him to donate something to the City, whatever it might
be, he would have to appear before this Commission, which he's stated, you know, more than willingly, he
would do. So, this has been in a somewhat quiet way. It's been pretty much his effort. And I don't even
27 December 14, 1999
know all the people he's met with. I think he'd like to tell you who he's met with. But I can only say in my,
you know, meetings with him recently, he's, you know, quite a remarkable guy.
Commissioner Teele: Mr. Chairman?
Vice Chainnan Gort: Mr. Manager...
Commissioner Teele: With all due respect, the Manager is the Manager. Why don't you tell us about the
management/staff process that's going on? Because, look, there's no need in making this something that it's
not. I have only one issue. This community has been abused by everybody who's got a good idea. I have no
reason to believe this isn't a great idea that something's going to happen. But it's up to us to protect it. You
just can't plop a two million dollar ($2,000,000) building on a City park without planning it with the Parks
Department, Now, unless Mr. Ruder has been misrepresenting it, when I called him back in November 22nd,
when this thing was being announced, I said, "Al, do you all -- have you all worked with the Optimist and can
we get an agreement with the Optimist to support this?" Mr. Ruder said, "Art, I don't know anything about it
yet."
Mr. Warshaw: All right, And I don't want to speak for Mr. Ruder, but it's my understanding from Mr.
Margulies that the next step that he would have to undertake would be blueprints and architectural drawings.
So, what he presented to me is that before he expended those additional dollars, he wanted to be sure that the
City would be willing to accept the gift. And I agree that, from this point forward, before we put a shovel in
the ground, there certainly needs to be the involvement of the Parks Department and the City. No question
about it. It can't be done any other way.
Vice Chairman Gort: Mr. Manager, let me tell you what I'd like to see done. And I can understand Mr.
Margulies being private and so on. But I think people need to understand -- and the private sector works
completely different from the public sector. Private sector, you make a decision; you carry on, and that's it.
You don't have to consult with anyone. But there's a need for them to understand -- unfortunately, there is a
procedure that we need to follow within the public sector. One of the people that should have been a
presentation to, the CRA Committee. I mean, you have a staff; you have a CRA; you have a board that deals
with all the planning, and we want to make sure that everything that is done within that area is in compliance
with the future plans. At the same time, it's for you to understand, Mr. Margulies, one of the biggest
problems that we have: Yes, we can create a facility but where is the funding later on to maintain all the
programs that we establish. Right here, you have right now quite a few individuals and agencies requesting
funding from us. We have maybe ten million dollars ($10,000,000). They're requesting sixty million dollars
($60,000,000). So, it's a lot of agencies in here that's not going to receive the funding. And, so, this is one
thing that Commissioner Teele is worried about. Yes, we build a facility, but how are we going to make sure
that that facility that you're going to be proud of is going to continue and not become something that you
don't want to see within the next five years. So, this is why -- there's certain procedures that we have to
follow through and we want you to understand that. OK?
Commissioner Sanchez: Mr. Chairman, if I may?
Vice Chairman Gort: Yes.
Commissioner Sanchez: Although I respect Commissioner Teele and it's his district and, of course, I also
take into consideration the maintenance of the facility. It's not every day you have a citizen of our
community that's willing to come out and donate two million dollars ($2,000,000) for, I believe, a good
cause, especially to an area that constantly cries out for being left out and development projects and promises
that were never promised and stuff. You know, it's just -- it's disturbing to me, in a way, when we see big
organizations that want to donate and improve communities and although there do exist a process that we
28 December 14, 1999
j.
1
CaD
must follow -- I mean, where I come from, you greet individuals like that with open arms. So, that's just -- I
welcome in my district, if he wants to donate it to me.
Vice Chairman Gort: Yes, ma'am.
Ms. Karen Cartwright: Good morning.
Vice Chairman Gort: Wait a minute. Two minutes, please.
Ms. Cartwright: Good morning. I would like to address the Commission on the issue. Mr. Margulies came
to Overtown some time ago and he spoke with a few members of the cvtnmunity...
Vice Chairman Gort: I need your name and address, ma'am.
Ms. Cartwright: My name is Karen Cartwright. My address is 1770 Northwest 5 Avenue. On behalf of the
children of Overtown, thanks, Mr. Margulies. The day of the press conference, I was flabbergasted, that most
important persons to the event were not invited, the children. They were an afterthought. Could it have been
something simple as poor organizational skills or something more sinister - politics? Mr. Margulies may not
understand that the offer to build and fund a youth center may be used as pawn with the children of Overtown
as hostage. Taking children from their classes, without explanation, was thoughtless and displayed poor
judgment. The children of Overtown have, on many occasions, been lied to and used in the name of politics.
Today, I would like to hear the politicians make a firm commitment that they're going to give their all to see
the dream and hours of a youth center in Overtown a reality. Some years ago, the Miami Heat and a real -life
Philadelphia lawyer came to Overtown. They had a great idea. But instead of working with the residents
they used to push and force their opinions on the residents and was met with resistance, no youth center.
Also offered broken promises. Mr. Manager and Commissioners, especially our Commissioner, Mr. Arthur
Teele, when you all assist Mr. Martin Margulies in every way possible, within the guidelines of the City of
Miami, to make a dream a reality for our children, his dream and realize will be an asset to our community
that has been ignored and neglected, intentionally, for years. Children should never be used as pawns, but
they are everyday by their parents, who's supposed to be their protectors, by relatives and, yes, even
politicians. Thank you.
Vice Chairman Gort: Yes, ma'am.
Ms. Katrina Wright: Good morning. Yes. Hi. Katrina Wright. My address is 14530 Southwest 105
Avenue. I'm here on behalf of Fannie Mae in response to the Overtown Activities Center. We're here to say
that Overtown -- we have, as a corporation, Fannie Mae, have recognized and designated Overtown as a
Neighborhood Partners Initiative and we have embraced the idea that Mr. Martin Margulies have in
presenting this fine facility in Overtown because we're looking at it as a way to help that community get back
on the track that it once was, to reclaim its greatness. And, of course, since we have Overtown as a
Neighborhood Partners Initiative, we're looking to see home ownership opportunities and also rental -- new,
finer buildings for the residents of Overtown. And we're looking at this facility as a catalyst, as a beginning,
to create that greatness again. Thank you.
Vice Chairman Gort: Thank you. Any further discussion?
Commissioner Teele: Call the question.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): Aye.
29 December 14, 1999
Mr. Alejandro Vilarello (City Attorney): Commissioner -- I'm sorry. Mr. Chairman?
Vice Chairman Gort: Excuse me.
Mr. Vilarello: The motion exactly is what?
Commissioner Teele: My motion was to accept the offer or the proffer with gratitude, and to further instruct
the Planning Department and Parks Department and the Manager to work with the donor and the community,
holding a public hearing, and to report back to the Commission, within 90 days, all of the details and an
operational plan and a utilization plan for the facility. And, again, I don't think anything should be said to, in
any way, undermine the generosity of the benefactor and his gifts, but we just have to run a business -like
operation here, even though we're a government.
Mr. Vilarello: Mr. Chairman, it's a resolution of intent to accept the donation of the....
Vice Chairman Gort: OK. It's a resolution accepting the donation with all the conditions. All in favor state
by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: Thank you.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-937
A RESOLUTION OF THE MIAMI CITY COMMISSION
EXPRESSING ITS INTENT TO ACCEPT A DONATION OF $2
MILLION FROM MARTIN MARGULIES FOR THE
CONSTRUCTION OF A YOUTH FACILITY AT GIBSON PARK;
DIRECTING THE CITY MANAGER TO MEET WITH MR.
MARGULIES TO DISCUSS THE CONDITIONS ASSOCIATED
WITH THE. ACCEPTANCE OF SAID DONATION, A SPACE
UTILIZATION PLAN, AND THE OPERATION AND
MANAGEMENT OF THE PROPOSED FACILITY AND TO
PRESENT HIS RECOMMENDATIONS TO THE CITY
COMMISSION FOR ITS REVIEW AND CONSIDERATION.
30 December 14, 1999
X,
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
<8 AMEND tESOLUTI(ON 99-564 TO:INCREASE FTJN'DS FOR VLIJOiti<CK PARK PROJECT
'Rt)1!'I $1,500;000. TO $2;163,434; "ALLOCATE FUNDS ` FROIVI CAPITAL IMPROVEMENT
.PROJECT 34), A5 APPROPRIATED BY ORDINANCE,: NOS: l I'705, 'AND " I X839, THE
ANNUAL; APPR-0PRIATIONS AND- CAPITAI. M.ROVEIVIENT PROJECTS ORDINANCES.. (see
sectioni# 6)'
Vice Chairman Gort: Thank you. Mr. Regalado — I'm sorry, Commissioner Regalado, I interrupted you. I
though it was going to be an easy matter, and a very happy donation.
Commissioner Regalado: It was — nothing is easy here.
Vice Chairman Gort: Go ahead. He had the floor.
Commissioner Regalado: But let me just say this, and I'll be brief because I know that we have a lot of items
that we have to deal with.
Commissioner Regalado: Huh?
Vice Chairman Gort: We're on Item 3.
Commissioner Regalado: I'm sorry?
Vice Chairman Gort: We're on Item 3.
Commissioner Regalado: Yes. I think that it's important that the people of Miami understand that we need to
move faster than we're doing on the parks issue, and I just want to say that I have also an item here that has to
do with parks and it will be taken up later on. But it seems to me that, in this case, as in any other case, the
Commissioners should be notified of any public hearing. Recently, there was a hearing on the future of
Coconut Grove Convention Center, and we were not notified. I really think, Mr. Manager, that we should be
aware of that because we have to make decisions and we just don't have -- as now, we should be aware of
what is going on in these issues. But in terms of the park, I just want to say that it's important that the parks
bond money -- I've been involved in that -- is being used and its being used properly, and I think that this is a
good thing. One part of Miami needs the help of the other part of the city. Thank you.
31 December 14, 1999
Vice Chairman Gort: Thank you. 1 there a motion? There's a motion.
Commissioner Sanchez: Motion. Move.
Vice Chairman Gott: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. It's been moved and second. Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-938
A RESOLUTION OF THE MIAMI CITY COMMISSON AMENDING
RESOLUTION NO. 99-564 TO INCREASE THE FUNDS
ALLOCATED FOR PHASE I OF THE VIRRICK PARK PROJECT
FROM $1,5000,000 TO $2,163,434; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO.
331316, IN THE AMOUNT OF $663,434, AS APPROPRIATED BY
ORDINANCE NO. 11705, AS AMENDED, AND 11839, THE
ANNUAL APPROPRIATORS AND CAPITAL IMPROVEMENT
PROJECTS ORDINANCES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: *Commissioner Arthur E. Teele, Jr.
*Note for the Record: Although absent during roll call, Commissioner Teele requested of the Clerk to show
him in agreement with the motion.
9: REPORT FROM- MIAMI AUDPI'. ADVISORY COMMITTEE REGARDING INDEPENDENT
AUDITOR GENERAL — RECOMMEND VICTOR IGWE.
Vice Chairman Gort: We have a request from the Audit Committee. I understand they have a --just before
we go into Community Development, because Community Development is going to take quite a bit.
32 December 14, 1999
Commissioner Sanchez: Mr. Vice Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: If I may, if we could just divert a little bit from the order of the day, the Audit
Advisory Committee has requested to do a small presentation pertaining to the Independent Auditor in front
of this Commission, so I think that being that the eyes and ears of the Commission, we welcome you. If I
could have Monica Fernandez, who will be doing the presentation.
Ms. Monica Fernandez: Honorable Commissioners, good morning. My name is Monica Fernandez and I'm
the chairperson for the Audit Advisory Board.
Vice Chairman Gort: Your address?
Ms. Fernandez: I reside at 210 Southwest 23 Road, and I'm employed at 1101 BrickelI Avenue. We come
before you today for two reasons. First, we would like to introduce ourselves to you, and briefly report to
you our committee's activities since our appointment in May of this year. Our members appointed by the
Commission are Mirtha Guerra-Aguiera, CPA (Certified Public Accountant), who is here with me today,
with the firm of Mirtha Guerra-Aguiera CPA, Richard Berkowitz. I'm sorry?
Vice Chainnan Gort: She's been at it for a long time.
Ms. Fernandez: Richard Berkowitz, CPA, with the firm of Berkowitz, Dick, Pollack, and Brant, CPAs;
k
Marcia Gracen, CPA, with the firm of Cummins and Gracen, CPAs, and myself, also a CPA, with the firm of
Cane, Hoffman and Daniel. The committee, since its restructure, has met six times and, in this these
f L
kjt
meetings, we have accomplished the following: We have adopted a Charter to establish our goals and'r
t
activities; we have met with the external auditors and discussed annual audit report and management letter
with KPMG Pete Marwick, along with Julie Wheatherholtz, Director of Finance; we have reviewed monthly
EA:
financial reports also with the Finance Department; we have read and discussed with Victor Igwe, Director of
Internal Audits, several reports prepared by the Office of Internal Audit. We have also discussed, in depth,
P,V
the method and procedures established by Mr. Igwe and his staff for the risk assessment and ultimate
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selection of which internal audits will be performed. Finally, at our last meeting on Wednesday, we
�
discussed and developed a recommendation for your consideration with respect to the adoption of the Charter
t~;
amendment, which called for the creation of the position of Internal Auditor General. This leads me to the
t, d
second reason of why we are here today. The committee would like to commend the Commission for
M:
initiating this Charter amendment and, thereby, understanding that the need for integrity in the Miami -- in
v't
the City's financial systems. The City Commission is the City's board of directors and represents the voters'
or, as in private industry, the owners of the City. As such, and with the creation of the Independent Auditor
General, the Commission has the opportunity to promote independence, insure broad audit coverage, and
s
appropriate action on audit recommendations. After our review and discussion of the resolution passed,
which states the purpose and responsibilities of the newly created independent auditor general, we determined
that they are virtually identical to those currently performed by the Office of the Internal Audit. If the two
offices are allowed to co -exist, there would be unnecessary duplication of internal audit functions, and a
waste of much needed resources. We believe that the current office of internal audit should assume the
authorities and responsibilities of the newly created independent auditor general. In fulfilling our functions,
as mentioned previously, we have worked diligently with Mr. Igwe, who came to the City in April of 1999.
In the short time he has been with the City, he has shown exceptional abilities and integrity. His
qualifications and accomplishments are listed in the information provided to you prior to today's meeting.
Two very significant accomplishments, which the committee noted, were that the office of internal audit,
under his direction, has identified and collected over one million dollars of additional revenues in either cash
or as credits granted to the City from vendors, and has produced budget savings of over a hundred and
33 December 14, 1999
r
twenty-nine thousand dollars in the fiscal year ended 9-30-99. Based upon the committee's work with Mr.
Igwe and the committee's understanding of the intents of the Charter amendment with respect to the
Independent Auditor General, the committee has concluded that the necessary infrastructure and resources
necessary to carry out the functions of the office and position of Auditor General are already in place.
Therefore, the committee would like to recommend that the current Office of Internal Audit, under the
direction of Victor Igwe, assume the authority and responsibilities of the newly created Office of the Auditor
General. On behalf of the committee, I would like to thank you.
Vice Chairman Gort: Thank you very much. We appreciate all the work you've done. Thank you very
much.
Commissioner Sanchez: Thank you, Monica.
10. ALLOCATE $124,998 OF 25Tn YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
(1bDBG) ' FUNDS TO .PROVIDE TECHNICAL ASSISTANCE AND CAPACITY BUILDING
OPPORTUNITIES TO 3.E%ISTING AGENCIES PROVIDINGHOUSING ACTIVITIES THAT
RAVE` Not., SATISFIED PERFORMANCE REQUIREMENTS OF 24TH YEAR CDBG
CON'RACTS
Vice Chairman Gort: Item 4. Good morning, ma'am. How are you today?
Ms. Gwendolyn Warren: I'm doing well.
Vice Chairman Gort: OK.
Ms. Warren: Gwendolyn Warren, Director of Community Development. At the Special Commission
meeting of November 30th, the Commission directed staff to bring back some legislation to fund three
Economic Development Agencies that were previously not recommended for funding based on performance.
The Commission, after discussion, recommended that they be provided technical assistance, resources for one
year, to allow their agency to do some capacity building. Staff has prepared the legislation, is bringing back
the legislation to enact the Technical Assistance Program. The Commission further directed that, during that
12 month time period that they were performing technical assistance, that they be precluded fi•om biding on
any brick or mortar project. Staff, it would be our intent, subject to the approval of the Commission, that --
and, again, based on Commission's recommendations -- that the organization would identify a staff person
who would be responsible for receiving training either through working with a private sector developer or an
approved, recognized CDC (Community Development Corporation) and/or that resources also be made
available for courses in the development area.
Commissioner Sanchez: Gwen -- if I may, Mr. Chairman?
Vice Chairman Gort: Thank you.
Commissioner Sanchez: Gwendolyn, the technical assistance, who's going to provide the technical
assistance?
Ms. Warren: We're going to let the organization submit us a list of recommendations. The parameters would
be that they would work with a recognized developer, either in the public or private sector, and that they take
classes from a recognized certified institute of Economic Development Housing in housing area. And, so,
again, they would be making recommendations to us subject to approval.
34 December 14, 1999
Commissioner Sanchez: Can the County provide technical assistance?
Ms. Warren: That would be an organization that we would entertain, if that's what they wanted to do.
Commissioner Sanchez: For free? Free?
Ms. Warren: I'm not sure if the County would provide the -- i can't speak for the County.
Commissioner Sanchez: The little findings and studies that I've done in CDBG (Community Development
Block Grant) in the last couple of days, looking into it very well, the target areas, the different representatives
from the target areas, these are the -- what are they called?
Ms. Warren: CDC's.
Commissioner Sanchez: CDC's. And the people that identify those areas, what are they called? The people
that run -- the representatives of that area, of target areas, what are they called?
Ms. Warren: You mean our advisory board or the organizations -- the Community Based Organizations?
We have advisory board members and we also have subcontractors that the Commission funds to provide
specific services in those communities. These are organizations that have submitted, in the past, and have
been approved to perform housing administrative functions, but over the previous years have failed to
perform under those contracts, and the City Commission has recommended that we afford them an
opportunity to get technical assistance to improve their ability to do affordable housing.
Commissioner Sanchez: But who assures that it's done correct and there's no mismanagement or no misuse
or no error is committed?
Ms. Warren: That is your Department of Community Development.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman?
Commissioner Sanchez: All right. Well, if I may. Just — if we could use the County, because I know that the
County provides — will be free assistance. It's free.
Ms. Warren: OK. I will definitely talk to them if they would support us, and that would be fine.
Vice Chairman Gort: Commissioner Winton. I'm sorry. Are you through?
Commissioner Sanchez: Yes.
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: I was the one that introduced these changes at the last meeting and I think that, at
least, in terms of what I was trying to get across -- and I probably didn't do as good a job as 1 should have
done at getting it across. But I think I was trying to get across a little different point because I wasn't, at least
at that meeting — and I'm listening to what you've said so, I'm processing that -- but, at least, at that meeting, I
wasn't trying to preclude them from building housing because my point was, if y'all can't perform, you
shouldn't get money. I'm a little nervous here about granting these agencies fifty thousand dollars ($50,000)
that gets used just for administrative stuff for a year and still no performance. So, it seems to me that one of
the responsibilities that these agencies have, if we're granting them those funds, which I came to the table and
asked for, is that they need to figure out immediately ]how they're going to bring resources on board
35 December 14, 1999
immediately that can allow them to get into the business of developing housing. I'm not so excited about
giving them this money and giving them a year to figure out how they ought to be doing this. So, I would
kind of like back this up a step and put the burden on them, that gets reviewed by you, and I would like to be
involved, as much as I'm allowed to be involved, in evaluating the steps that they've taken to determine
whether or not they've taken appropriate steps to properly utilize that money. And what we want that money
really used for is to build housing, and I would like to get it built this year. So, I don't want them precluded
from bidding on doing houses.
Vice Chairman Gott: They've been at it for a long time.
Ms. Warren: The Commission had a friendly amendment to — the Commission, when they made the motion
to provide technical assistance monies to these organizations in lieu of no funding, there was an amendment, I
think by Commissioner Teele and accepted by the body, that they would not come back for additional money
from the City for brick and mortar this year. And, again, if the Commission chose to direct staff to do
something different, that would be fine.
Commissioner Winton: Right. And I think I remember that. Commissioner Teele, if you don't mind -- and I
do remember that, and it seemed logical to me at the time, but as I'm sitting here thinking about this now, you
know, what we really do in this regard is just simply give these agencies another free fifty thousand dollars
($50,000), and the City's providing them fifty thousand dollars ($50,000) worth of training, I don't think that's
productive. So, with your support, I think I might like to request that we modify our -- was it a resolution we
passed or whatever the vehicle was?
Commissioner Teele: Second the motion.
Vice Chairman Gort: Amend the resolution.
Commissioner Winton: So that we're going to require the agencies to bring on the staff resources and
expertise they need to get into the housing development business immediately, and the CD (Community
Development) department is going to provide them some technical support and overview to see to it that
they've got the right kinds of people and if they did do, we're going to work hard at getting them funding to
build housing immediately.
Vice Chairman Gort: Also, my understanding is, some of these already have some projects that have been
ongoing for awhile. So, this year might be the time, with your assistance and the assistance of other CDBGs,
to go ahead and accomplish their goals and build their houses they've been working on for a long time.
Ms. Warren: Yes, sir.
Vice Chairman Gort: This is a public hearing. I'd like to open it...
Commissioner Sanchez: If I may?
Vice Chairman Gort: Yes. Commissioner Sanchez.
Commissioner Sanchez: Gwendolyn, if there's any language in the contract where it says that no project
shall be proposed to this City unless it's cost analysis, time certain and project certain...
Ms. Warren: Yes, sir.
Commissioner Sanchez: ... can we implement that in the language, if it's not in there?
36 December 14, 1999
Ms. Warren: Yes, sir.
Commissioner Sanchez: OK. Thank you.
Vice Chairman Gort: OK. We'll now have public hearing. Yes, ma'am.
Mr. Vilarello: Mr. Chairman.
Commissioner Teele: Wait, wait, wait.
Vice Chairman Gort: Commissioner Teele.
Commissioner: Commissioner Teele made a motion that I seconded. I'm not sure what...
Vice Chairman Gort: I thought you might want to wait after the public hearing.
Commissioner Teele: All right, sir.
Vice Chairman Gort: Yes, ma'am.
Ms. Mary Hill: Good morning. I'm Mary Hill. I'm the founder of the Economic Opportunity Acts and
Amendments, Washington, DC, White House books. I'm the founder of Revenue Sharing, Title 20, and what
you are calling CDBG (Community Development Block Grant) funds. And my -- I live at 146 Northwest
67th Street. Now, I'm very concerned about this allocation funds to search from Block Grants. As I had
made it clear before, that it is not following statutory laws and guidelines, and this is including down the line,
under the regional office, we are going to take care of homes and houses also from the floating chart that I
sent to the White House in our plan. So, I don't understand how we can keep talking about putting these
things like this in target areas, which I also know, target areas are poor areas that this program is to serve.
Once I establish, along with my staff, we will provide technical assistance to local community action agencies
and other programs and departments from the -- under this act. This is part of this program that I'm hearing
today. Now, my duty as director is to put it in place, establish it, so we can bring everything in compliance of
these laws. CDBG grants has been amended to read as authorization of appropriations, and allocations that
I'm hearing is not authorized properly by this regional office, and we will talk more about it a little later on.
Thank you.
Vice Chairman Gort: Thank you, ma'am. Anyone else?
Mr. Alejandro Vilarello (City Attorney): Mr. Chainnan?
Vice Chairman Gort: OK. Yes.
Mr. Vilarello: During the public hearing...
Vice Chairman Gort: Let me close. Anyone else? I will now close the public hearing. Yes, sir.
Mr. Vilarello: What 1'd like to note for the record is that the Notice of Public Hearing that is in your agenda
package, is not what was actually advertised. There were some corrections and the correct -- and the proper
notice was advertised in the newspaper. I don't know if a copy has been provided to you.
Vice Chairman Gort: OK. Thank you.
37 December 14, 1999
(2) �t
r (`
Commissioner Teele: Can I get a copy of what was advertised, please?
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Let me open up. Yes, ma`am.
Dr. Dahia Al-Kahina: My name is Dr. Dahia Al-Kahina, also known as Diannie...
Vice Chairman Gort: Could you speak into the mike, please, ma'am?
Dr. Al-Kahina: I said, good morning. My name is Dr. Dahia Al-Kahina, also known as Diannie Marie
Hairston. I can...
Commissioner Teele: Can you pull the mike a little bit closer to you?
Dr. AI-Kahina: I can be reached at 2461 Northwest 56th Street, Miami, Florida 33142, area code,
305-633-8930. I am here in support of Mary Hill, Founder, CEO (Chief Executive Officer), National
Director and creator of Public Laws and Programs for the Poor, known as Economic Opportunity Programs,
Inc., EOPI, Public Law 92-424 and Public Law 95-568. I bring to your attention the oversight and
responsibility for the administration and execution of Economic Opportunity Act and, in connection with its
consideration of HR-40 and HR-63/94, which calls for the extension of the Economic Opportunity Act
beyond its present expiration date of June 30, 1971, transfer to Mary Hill her Charter package, which entitles
-- which entails Title 20 Grants and Revenue Sharing Funds called Matching Funds, and et cetera; transfer to
Mary Hill her Charter package, which has arrived locally but has yet to be delivered, and has not been
received by Mary Hill. I boldly ask for all interference with our program and funding to stop and stop today.
Vice Chairman Gort: Thank you, ma'am.
Dr. AI-Kahina: That we may serve our people and ourselves.
Vice Chairman Gort: Thank you, ma'am.
Dr. Al-Kahina: Thank you.
Vice Chairman Gort: Mr. Attorney, you know, allegations has been made here on this program. If you
could, please, we could answer. I'd like to get this, once and for all, out of the way. And I'd like for you to
answer Mary Hiil and her associates.
Mr. Vilarello: In fact, I've met with -- members of my staff have met with Ms. Hill, and I'd be more than
happy to put a response in writing...
Vice Chairman Gort: I want a response in writing...
Mr. Vilarello: With copies to this City Commission.
Vice Chairman Gort: ...with copies to all of us and a copy to her. Thank you. OK. Any further discussion?
Yes, sir. On Item 4.
Reverend Victor Dunn: Greetings. My name is Elder Kozi Dunn. I'm also known as Reverend Victor
Dunn. I concur with Dr. Dahia -- Kahina supporting Mary Hills. As 1 stand before you, I represent
38 December 14, 1999
congregations in California, Jamaica, and Ghana, West Africa. Mary Hill program and funding for the
poor, known as the Economic Opportunity Program, Inc., EOPI, is needed in setting free my people's
economic, educational and health service arena. I, too, can be reached at this address, not that I live at
this address, but I can be reached at this address: 2461 Northwest 56th Street, Miami, Florida, 33142.
Phone number (305) 633-89 -- 830 excuse me. Thank you.
Vice Chairman Gort: Thank you, sir. We'll make sure you geta copy of the response from the Attorneys
office. Thank you. We'll now close the public hearings and, Commissioner Winton; you want to make a
motion?
Commissioner Winton: Yes. Staff has encouraged me that the most expeditious vehicle for making this
change I ask for is to simply strike one of the "whereas" paragraphs in the prior resolution, and I will read the
paragraph that we will strike. It says, "Whereas, since the previously identified agencies have been provided
for technical assistance and capacity building opportunities, these agencies will not be eligible to compete for
other related housing funds through RFP (Request for Proposal) process." So, my motion is to strike that
paragraph from this prior resolution.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: OK. Be any further discussion? Being none, all favor of this resolution, right? All in
favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chainnan Gort: No nays.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO.99-939
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE ALLOCATION OF $124,998 OF TWENTY-FIFTH (25TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS TO
PROVIDE TECHNICAL ASSISTANCE AND CAPACITY BUILDING
OPPORTUNITIES THROUGH SEPTEMBER 30, 2000 TO THREE (3)
EXISTING AGENCIES PROVIDING HOUSING ACTIVITIES THAT HAVE
NOT SATISFIED PERFORMANCE REQUIREMENTS OF 24TH YEAR CDBG
CONTRACTS; FURTHER AUTHORIZING THE CITY MANAGER TO
AMEND OR ENTER INTO INDIVIDUAL AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AMOUNTS
SPECIFIED HERIN.
39 December 14, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
ff. ALI OCATE $153,500 QF 25THYEAR CONth"ITY DE'VELIMIENT BLOCK . GRANT
(�aC$$G") FUNDS TO"PREVIOUSLY ]IDENTIFIED AGENCIES AT TH.E SPECIAL MEETING-
.t�F riOVEMBER 30,1999.
Vice Chairman Gort: Item 5. If you all excuse me...
Ms. Gwendolyn Warren (Director, Community Development): Commissioners...
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes, Commissioner Regalado.
Commissioner Regalado: On Item 5 there is two CDCs (Community Development Corporation) that, in the
past years, they received sixty thousand dollars ($60,000) a year, but now they have been allocated fifty
thousand. They were told that that's what other CDC get. So, I would move to amend this resolution to raise
the sixty thousand Model Housing and Word of Life from fifty to -sixty thousand.
Vice Chairman Gort: Let's hear from staff and Attorneys Office and see what the public requirement is. I'll
be back.
[AT THIS POINT, VICE CHAIRMAN GORT LEFT THE COMMISSION CHAMBERS AT 11:27 A.M.]
Commissioner Regalado: OK. Gwen.
Ms. Warren: Commissioner, from what my staff has -- Barbara Rodriguez would like to respond to you.
Commissioner Regalado: Sure.
Ms. Barbara Rodriguez: In reference to Model Housing...
Commissioner Regalado: Name, please.
Ms. Rodriguez: Barbara Rodriguez, Community Development. In reference to Model Housing, the issue
that was brought up to staff yesterday is that twelve thousand dollars ($12,000.00) that carry over money...
40 December 14, 1999
r
0"",
Commissioner Regalado: Were left before from last year.
Ms. Rodriguez: ...that was left over from their September 30th contract.
Commissioner Regalado: I was referring to that.
Ms. Rodriguez: Correct,
Commissioner Regalado: So, what ...
Ms. Rodriguez: Now, however...
Commissioner Regalado: What you could do is raise -- let them use those twelve thousand dollars
($12,000.00) in addition to the fifty thousand dollars ($50,000). Is that...
Ms. Rodriguez: The policy that the department has was that all contracts on September 30th were closed out.
They brought up yesterday that they were not able to use twelve thousand dollars ($12,000.00) and that they
would like that money to be transferred to the new contract that became effective October 1 st.
Commissioner Regalado: Can you do that?
Ms. Warren: At the direction of the Commission and with proper advertising, yes, sir. We can bring it back
at your 14th meeting.
Commissioner Regalado: OK. You do that. We are -- Mr. City Attorney, do we need...
Ms. Warren: And the second organization.
Commissioner Regalado: That's Word of Life? Are you aware...
Mr. Donald Warshaw (City Manager): Is that the same issue, carryover money for the ...
Commissioner Regalado: Yes, carryover. Carryover.
Ms. Warren: The same issue. That would be recommended at your January meeting also.
Commissioner Regalado: Mr. City Attorney, do we need to vote on this "as -is" or the staff has direction and
we can vote on this one "as -is" and then bring it back on the 14th?
Mr. Alejandro Vilarello (City Attorney): That's correct.
Commissioner Regalado: OK.
Mr. Vilarello: On the 14th we'll bring back these two items that you just mentioned.
Commissioner Regalado: OK. This is a resolution. Anybody -- oil.
Commissioner Winton: Yeah. Commissioner?
Commissioner Regalado: Yes. Commissioner Winton.
41 December 14, 1999
Commissioner Winton: Could I just ask a point of clarification? I just want to make sure I'm very clear here.
For both of these agencies, this request isn't a request for new funds that were part of some...
Commissioner Regalado: Carryover. This is carryover.
Commissioner Winton: This is simply carryover dollars?
Commissioner Regalado: Carryover, yes. Yes, sir.
Commissioner Winton: All right.
Ms. Warren: And these are carryover funds, at least -- we have an agenda item on for January 11 th for Word
of Life, and the issue there is that they have obligations -- they've made some financial commitments for the
monies from their pre -prior year contract, and that the Commission needs to agree for them to carry them
over into the new year.
Commissioner Winton: Great. 1 understand. Thank you.
Commissioner Regalado: Thank you.
Commissioner Teele: I would so move, Mr. Chairman.
Commissioner Regalado: OK. There is...
Commissioner Winton: Second.
Commissioner Regalado: Second by Commissioner -- it's Commissioner Sanchez?
Commissioner Sanchez: There is a second, but I want to address the Department on a couple of issues and
one of them, the last time that they were in front of this Commission, I...
Commissioner Teele: This is on two items, right? This is on -- the motion is on two agencies?
Mr. Warshaw: Word of Life.
Commissioner Regalado: No, no. The motion is -- no, no. The motion is approving the funds to fund all the
agencies here.
Ms. Warren: The staff -- there's a letter in your Commission agenda package, and at the last Commission
meeting you recommended that Deflostos Association for the. Development of the Exceptional, Small
Business Development Opportunity Center, Allapattah Community Development Authority, Business
Development Authority, and Catholic Charities receive an increase for a variety of emergency reasons. Staff
has prepared that legislation. In addition, my understanding is that we're being directed to bring back, at the
January meeting, carryover funds for two organizations.
Commissioner Regalado: But as a separate issue. We're going to go ahead and vote on this one, to get it
resolved and not defer anything.
Mr. Warshaw: Correct.
42 December 14, 1999
(D 0
Commissioner Regalado: And, as a separate issue, the Commission has directed you to bring back those two
agencies. So, Mr. Chairman, we're voting on Item 5, and this is what the Commission directed on the last
meeting, in terms of additional funding for different organization. Remember that this is out of the money
that we had to be used for this purpose.
Ms. Warren: Your contingency.
Commissioner Sanchez: OK. And I would just like for clarification one thing. Gwendolyn, are we violating
any rules and violations from HUD (Department of Housing and Urban Development) by doing this?
Ms. Warren: No, you're not.
Commissioner Sanchez: OK.
Vice Chairman Gort: Thank you. We'll now have public hearing. Yes, sir. Your name and address, please.
You look familiar.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I am for the increase, the amount that
Commissioner Regalado say to all these agencies because they need it. As you can see, the amount is very
little in comparison to the salaries that administration get. Because I bet one of the employees there makes
more money a year in fringe benefits than any of these agencies receive. I'd like to see what any employee
goes there to say, besides the name, "I made eighty thousand, plus thirty or forty thousand more." And when
You compare that to what this agency get and the amount of hours they put working, you've got to be
dedicated to be working for this. Because I wouldn't be working. I was working for one once in 1970. I had
to quit to be working for the Post Office because I couldn't support my children with the amount I was
making as a Social Worker, with one of these numbers
Vice Chairman Gort: That's why they call them social workers, and we thank them constantly because of the
work that they do. Thank you. Anyone else on Item 5?
Mr. Roberto Godoy: My name is Roberto Godoy. I am the Executive Director of Model House. My address
is 780 Northwest LeJeune Road, Room 3. What I have is a question. When I will be able to use this amount
as carryover? Because we need computers, we need the copy machine. We don't have those -- we used to
use that from my law office, but now that I close my law office, I don't have any computer. I don't have any
copy machine.
Ms. Warren: The Commission has directed staff to bring it back at their January 14th meeting, and subject to
the Commission approval, we'll expedite the contract.
Mr. Godoy: OK. Thank you.
Vice Chairman Gort: Thank you. OK. Anyone else?
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Gort: OK. Close the public hearing. Yes, sir.
Commissioner Sanchez: Mr. Vice Chair, if I may, for just a few minutes. Gwendolyn...
Ms. Warren: Yes, sir.
43 December 14, 1999
Commissioner Sanchez: ...as I stated before in the last Commission meeting that you were in front of me, I
wanted to bring up some topics concerning CDBG (Community Development Block Grant) and after doing
my homework on the issue and looking forward at some of the implementations that we could do to improve
CDBG and how funds are spent and try to get us close as we can to the rules and regulations of HUD and see
if R-550 -- 570 and other rules pertaining to those matters. You know, we've heard Mrs. Mary Hill complain
several times here on some issues, and I've also received complaints from a lot of other people that, although,
through the actions that may have come from past -- the City may have been doing things that -- throughout,
not knowing or not knowing might have created some violations of HUD regulations. And I did a little
studying on the issue, and I'll tell you where -- I'm not going to get to the point whether CD owes the City
money or the general funds owes the City money. I want to put out some concerns that 1 have, followed by
some recommendations that I am willing to make to see if we could pass this era and start a new beginning on
how things should be done concerning the CDBG and how money is spent and allocated on these funds. My
findings show a number of projects, which incurred expenses and it was paid by City general fund, including
operation and salary. And that amount, which I said a number that some people did not agree with me, just
my numbers, which are not --, may be correct, but approximately, it's almost six million dollars ($6,000,000).
Now, I've seen that some allocated money has been made now to pay back, which I think that is the right
thing to do. But I'll tell you what I think. This was the impression that I got. It may have been the
impression that was sent out to the people. And that was that it was sent out -- created a false inflated letter of
credit of funds due to HUD, and that was a concern that I had.
Commissioner Teele: Say that again.
Commissioner Sanchez: In other words, not transferring that money over was sending out a false and inflated
letter of credit balance of funds due to HUD, whether the money was owed from CB to HUD or the City,
likewise. Now, I think that the only way to resolve this problem, I think, will be to turn it over to the Finance
Director and direct her to do certain things to pay for it. But it's just concerns that I had and research that 1
had to do because I am here on a part-time basis. I have a family and I have work, just like my colleagues do,
and it shouldn't take me requesting documents and looking after documents and hours of hours to prepare for
just five minutes what it takes me just about a whole day to --or two or three days to get this. But there were
other concerns that were brought to my concerns that I wanted to get addressed, and that was program
income was being used and was used for the extension of the CDBG activities for the 24th Year from June I
to'99 to September 30, '99. That was money from Capital Improvements, which was and amount of seven
hundred and twenty-one thousand dollars ($721,000), which that was clearly a violation, and correct me if I'm
wrong. Multi -family program income, six hundred and fifty-five thousand dollars ($655,000), was also
allocated to pay salaries and funds. In other words...
Commissioner Teele: Pay salaries of who and what?
Commissioner Sanchez: Well, that money -- first of all, that money would have come in. It would have been
put on and interest -bearing account. That was the smartest thing to do. However, it wasn't, but I'm not going
to get into that. But the money was used. It should have gone right into HUD and it wasn't. It was put in the
general fund. So, that's a concern that I have and you could address that afterwards. Let me just bring the
concerns that I have. And maybe I'm -- you know, I'm sure I've hit some strikes and I'm sure I'll miss some.
But I just want you to explain them to me because 1 think I -- you owe me an explanation, not only me but
also my colleagues here. Another concern that I have is that we did not file a GPR (Grantee Performance
Report) Report. We filed one, clearly, one year late. And I'm not saying it was the City administration's fault
or you because, basically, we had a lot of wrongdoing in the past that we've had to correct, and I'm sure that
some things were done that we might have had to make some shortcuts to get what we wanted to get. But,
still, it was something that needed to be addressed and brought to our attention, which was never. It was
never. Now, the Grantee Performance Report clearly was a violation for not turning it in on time. This report
was due September 30, 1998 but was not submitted to HUD until September 1999. One year later. Why
44 December 14, 1999
t;
`..
wasn't that report submitted? I don't know. Or why was it submitted late? Was it advertised properly? I
think that that was one of the reasons why HUD did not hold back on granting us the contract or whatever it
was. And the other concern that I had, looking at the whole process, through the whole complains that we
had, a department that went from 68 employees to 120 employees. That's almost doubling its budget. Still,
we had complaints of people not getting paid on time. People had said that they weren't paid on time. But
I'm sure that, through the whole process, some changes have been made. It's just that -- I'm bringing out the
concerns that I have, while looking through the whole process, to direct -- and I'm sure you knew of them or
maybe you didn't know about them and I'm sure the City Manager, who's basically looking through the whole
process. The sub recipient agreement is signed by the City Manager; is that correct? Mr. Warshaw, is your
signature on that sub --?
Mr. Warshaw: Yes, sir?
Commissioner Sanchez: Sub recipient agreement between...
Mr. Warshaw: Yes.
Commissioner Sanchez: ... between the County? OK. Now, one thing that I want to add -- and I want a
truthful answer to this -- only two percent can be used of administration funds to comply. Has that two
percent been used? Has that been violated, Gwendolyn?
Commissioner Winton: What does that mean?
Ms. Warren: Twenty percent.
Commissioner Teele: Are you saying two percent or 20 percent?
Vice Chairman Gort: Twenty percent.
Commissioner Sanchez: Twenty percent. No, I said 20 percent or two?
Commissioner Winton: You said two.
Vice Chairman Gort: You said two. It's 20 percent.
Commissioner Sanchez: It's 20 percent.
Vice Chairman Gort: Twenty percent...
Commissioner Sanchez: The 20 percent, did we go over that 20 percent?
Ms. Warren: No, we have not, sir.
Commissioner Sanchez: You have not? The Finance Director.
Ms. Warren: Julie Weatherholtz.
Commissioner Sanchez: Julie.
Ms. Warren: I'm sure Bertha will speak for her.
45 December 14, 1999
Commissioner Sanchez: Julie, you and I have spoke on finding a solution to all these problems and maybe
reconsolidation process to complete and be submitted to try to overcome a lot of these things that have not
been very good to this City. One of the things that I would like to recommend to you is that -- so we could
clear this once and for all, because we went through 18 months of doing some things that, I think, are not so
appropriate to talk about. One of the things that I wanted to bring out is, if anything, to pay the money back
or change the funds as quickly as possible so we comply. And I'm sure that's being done now because you
and I have had a conversation where money was being transferred from one -- and maybe you would like --
would you elaborate on that?
Ms. Bertha Henry: Bertha Henry, Assistant City Manager, and Finance Administration. Unfortunately, Julie
Weaterholtz is not here today. We have spent -- as 1 mentioned previous Commission meetings, we have
spent and enormous amount of time reconciling the special revenue funds. There was some seven hundred,
eight hundred different projects of funds in various states that date back many, many years. We have
completed that special revenue fund reconciliation, and we've determined that, in that process, the City has
obligations to HUD and, consequently, there will be obligations from HUD to the City. We are prepared
today, as part of Item Number 10, which is the ordinance, to address some of those issues. There may be a
couple of more outstanding. I'm prepared to discuss those right now. But when we get to that item, I'll be
more than happy to go into it in detail.
Commissioner Sanchez: I...
Vice Chairman Gort: Is that going to come back to us on Item 10?
Ms. Henry: Its in Item 10.
Commissioner Sanchez: Yeah. But wait, Willy, I...
Vice Chairman Gort: OK. All right.
Commissioner Sanchez: If it's going to be taken care of today, fine. If not, I want a commitment, 30 days to
60 days, 90 days, so we get this over with. So we pay whoever -- if CDB owes money to the general fund, it
should be paid immediately within 30 days or 60 days or 90 days. You put the frame.
Ms. Henry: Some of those items, if you approve the ordinance and the components of the ordinance that's
represented in Item Number 10 will facilitate that. We will be able to do, I would say, close to 80 percent of
the settle up that needs to occur.
Commissioner Sanchez: Well, can we commit ourselves to maybe 60 to 90 days to have a complete report
submitted to this Commission?
Ms. Henry: Absolutely.
Commissioner Sanchez: OK.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Commissioner Winton.
Commissioner Winton: Maybe I'm a little confiised but I thought that we had this discussion at the last
Commission meeting. Commissioner Sanchez, I -- and, you know, I have a great deal of respect for your
intellect and real respect for the hard work you're putting in to figuring this stuff out. But I thought, in the
46 December 14, 1999
explanation that we got at the last meeting -- you know, this is a 25-year process of, essentially, gross
mismanagement and wrongdoing. There's pieces of legislation that are tied to each of these programs, so the
-- and I thought I heard that the research work required to sort through and get to the right answer. Because
the worst thing we could do is get to the wrong answer and take the wrong steps in haste to try to get this
behind us. So, I share your burning desire to get this behind us. But I'm also concerned that we don't -- and I
think that I love the idea of having target dates for performance. I think that's important. But I'm equally
concerned that we put the wrong kind of pressure on staff that forces them to make decisions that doesn't get
us to the -- that doesn't allow us to analyze and make sure we have all of the questions on the table and, then,
we can provide answers to all the questions. And I hope that we get that process in here, so that we can get
all the questions and all the right answers and get this behind us. And they probably do need to give us a
date, but we need to make sure that they give us a date that leads to realistic answers here.
Commissioner Sanchez: Well...
Vice Chairman Gort: Gentlemen, we have 11:41. At 11:45, one of the Commissioners have to step out.
Commissioner Sanchez: Willy, this is...
Vice Chairman Gort: We have a long agenda. My understanding, we have Item 10, where we can deal with
all of this. Commissioner Sanchez, go ahead.
Commissioner Sanchez: One of the few most important things you and I would -- some of my colleagues
here would not disagree with me is CDBG money. Because it is the money designed to assist, and it's based
on necessity of the people that live in our community that need the most assistance. And I -- in going through
the process, which is a very complicated process, not a simple process, I think that, if we apply ourselves --
and I'm working on doing some research because I believe that we could get that money directly and not have
to go to the County. There is a process that exists that we do not have to go through the County and we could
get money directly. Am I correct, Ms. Warren?
Ms. Warren: We don't go through the County.
Commissioner Teele: We don't go to the County at all.
Vice Chairman Gort: We go directly.
Ms. Warren: Commissioner Sanchez, I have -- one, I'm -- we have been providing your office with some
information. I think you'll be really happy about some of the results. In terms of what Commissioner Winton
said, we have been working on this process for, and I think, as the Manager said, almost day and night for the
last year and a half, year and nine months. And I think, as Ms. Henry has said, we're about 80 percent of the
way through. Item 10 on the agenda is going to put -- solve some of the problems. We still have some work
to do. But all of the departments have been working very diligently on this. You asked some very specific
questions that I think, Mr. Chair, I think I can answer them pretty quickly. In terms of the closeout issue,
again, we're working to do the prior year reconciliations. There's some items on the agenda today that -- you
know, you talk about six million dollars ($6,000,000) that the HUD resources may owe the City. I think,
when you get to that item, you'll see some of the issues we've been talking about and that maybe the
information presented you has not necessarily been properly represented, and I think that will answer some of
those under item 10. In ternis of being a year late and doing a closeout, we did that with the -- in terms of
putting in the GPR, we did that with the full knowledge of HUD. They worked with its on it. We filed the
papers a year late because we wanted to make sure that the Finance Director, the City audit was completed,
and that the moneys that we needed to report properly for the first time in 23 years, that we could file that
report accurately. And in order to do that, we, as and administrative staff, did not want to continue to make
47 December 14, 1999
f
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the same mistake again and again. So, we asked for the extension. We received the extension with the full
knowledge of I4UD and, for the first time, our with 23rd Year closeout package was accurate. Our 24th Year
closeout package, which is due, I think, at the end of this month, will be 100 percent accurate, especially,
based on what you will do under Item 10. So, again -- and one of the things we had to do to stop the chaos
was to stop, and what that took was us working with our auditors, working with the Finance Department, and
working with HUD to do it correctly. So, it was a year late but it was absolutely right. So, will this year's
report. In terms of reimbursements. I can't speak to the past and I'm not going to sit here and claim that
everything that happened in the last 24 years was wrong, inappropriate or illegal because I don't believe that.
I believe that there was some time periods in the City's history that we didn't use the best management or
financial practices, and I think there's time periods that that occurred and I don't think that's the whole City's
history. But, I can assure you of this. We met with the Manager's staff and John, with the subcontractors,
and the City's turnaround time for reimbursement package is 10 working days. That's faster than it is any
place in the continental United States. We provide our reimbursements 10 working days from the time that
they're submitted to us. There's been exactly -- and we keep a computer log on when we receive our
packages and when the City cuts a check and mail them out and, in the last nine months, we've missed that
date three times. So, again, if you're talking about the transition period to set up the new system to get staff
on, we had some really rough times about a year ago but that's not going on now. And maybe, again, in
people's concern, as you've said, about all of the major changes in CD, maybe some of those issues are
lingering, but we keep a detailed log. So, again, we know when the packages come in; we know when the
checks go out; the agencies are faxed immediately, what the amount they're going to be receiving, if it's
different than what they billed us. The process is a very good one. And, again, I'll go through it with you. I'll
sit down. We can walk through the whole process. The City's ability -- and this is -- again, it's information
and how we get it. The City has 20 percent of the CDBG allocation, which this Commission, during the City
budget process, budgets. You awarded to us. It goes to salaries, directed and indirect costs for the City; it's a
part of the City's budget; it's subject to the anti -deficiency ordinance. The issue, again, is that we have
overlapping fiscal years. CD is always ran from June to July. I mean, from July to June. The City's fiscal
year is October to September. So, we are, all the time, in two fiscal years. So, our budgets don't look like the
City's budget. But I can assure you, this Commission only appropriates 20 percent and at no time did we
spend more than what's appropriated in any line item.
Commissioner Sanchez: Well, it was just a question that I asked.
Ms. Warren: Yes, sir.
Commissioner Sanchez: I think it's also in the best interest of the City to direct the City Manager to get Jose
Cintron from HUD to come in front of this Commission and do a small presentation on CDBG. It's a very
complicated issue. See, the problem is here, that you're here on a full-time basis and you have a staff of 120
people. It's just my staff and me at the City Commission. I'm here on a part-time basis. So, what happens
here, a lot of the information -- I'll give you a perfect example because you made some good points, so I think
I should counter back on the points you made. When I asked how much money was owed from CD to the
general fund or the money that was owed to the general fund, nobody was able to tell me a number. And the
reason why, you know, I was concerned is, if nobody's willing to tell me a number, then, what we need to do
is a freeze and start a new appropriation budget to find out exactly where the money's at and how to -- and I
know that you and the staff has worked very hard to correct 25 or maybe 30 years of bad government, just
like we've done up here, and I sympathize with the newest Commissioner. He doesn't know what he's got
himself into, but he'll learn quick.
Commissioner Winton: That's for sure.
Commissioner Sanchez: And he'll learn quick. And the thing is that, most of the time, the Commissioners up
here are either one, misinformed; two, not provided the appropriate information, which it may be, and that's
48 December 14, 1999
is
s
the concern that I have. You know, it's going to take me -- I've only been here 15 months. It's going to take
me another 15 months to really run CDBG. But next year, when you come in front of me, you can rest
assured that I will know more of CDBG and know exactly how the funds are transferred. And 1 will tell you
right, in this Commission, when I felt that you have violated a HUD rule or CFR 570 of those rules. I'm
going to do my homework to ensure that the decisions that are made here are going -- from now on are going
to be the proper ones because, you know, somewhere along the line, I'm telling you, there were things done
here that I still question.
Ms. Warren: And you should.
Commissioner Sanchez: And today I still question how some of the things were done here.
Commissioner Winton: When will you have your final report to us?
Vice Chairman Gott: Mr. Manager.
Mr. Donald Warshaw (City Manager): Very quickly. And, Commissioner Sanchez, it would be a pleasure to
invite Jose Cintron to come before the Commission. They did a closeout with us -- evaluation with us last
year for the better part of a day, and I think it would probably be healthy for everyone to hear directly from
Jose Cintron a lot of the things that we articulate to you here, but let you hear it from them. And they talk
about where we were, where are and where we were where we arc, and I think that's a great idea, and we'll
arrange for that to happen at the next meeting.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Regalado: Just very briefly.
Vice Chairman Gort: He has a motion on the floor. OK.
Commissioner Regalado: I have -- I just -- if I can vote on it. Are we going to vote on it now? No. I mean,
if there is still the public hearing? But I have to leave as...
Vice Chairman Gort: Excuse me. The public hearing was open. People got a chance to speak. Then, we
closed the public hearing. We're talking -- discussing it among ourselves.
Commissioner Regalado: Can we vote now, then?
Vice Chairman Gort: Yes.
Commissioner Regalado: Because I really want to vote on this.
Vice Chairman Gort: I know you have to leave.
Commissioner Regalado: Right.
49 December 14, 1999
Vice Chairman Gort: Is there a motion?
Commissioner Regalado: A motion. Move it.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion? All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chainnan Gort: Thank you.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-940
A RESOLUTION OF THE MIAMI CITY COMMISSSION AUTHORIZING
THE ALLOCATION OF TWENTY-FIFTH (25TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT
OF $153,500 TO PREVIOUSLY IDENTIFIED AGENCIES AT THE SPECIAL
CITY COMMISSION MEETING OF NOVEMBER 30, 1999; FURTHER
AUTHORIZING THE CITY MANAGER TO AMEND AND EXECUTE
INDIVIDUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, SUBJECT TO APPLICABLE CITY CODE PROVISIONS,
WITH SAID AGENCIES IN THE AMOUNT SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez
ABSENT: None.
12. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE REQUEST MADE BY
MR -FRANK BALZEiJRE (REPRESENTING COCONUT GROVE COUNCIL AND COCONUT GROVE
CIVIC I CLUB), FOR CODESIGNATION OF A PUBLIC RIGHT-OF-WAY 1N TRIBUTE TO SUE
BMUG'S.DAUGHTER, AMY BILLIG.
Commissioner Regalado: Mr. Chairman, I really have to leave. I have to do the TV program that I do
everyday. But on Item 9, I just want to be shown as voting positive for the change of the name of the mini
park in Coconut Grove. I feel that this...
50 December 14, 1999
Vice Chairman Gort: You're talking about Item six. It's coming right up.
Commissioner Regalado: Oil, six, yes.
Vice Chairman Gort: It's coming right up.
Commissioner Teele: Call it up, then.
Vice Chairman Gort: OK. Item b. Thank you. See you later.
Commissioner Teele: Is that public hearing?
Vice Chairman Gort: Is this a public hearing? No, it's not.
Note for the Record: Commissioner Regalado left the Chambers at 11:52 AM.
Mr. Alejandro Vilarello (City Attorney): This is a matter that's being referred to, apparently, as a park, but it
is a public right-of-way. This item needs to be referred to the Co designation Committee.
Vice Chairman Gort: We'll have to have a public hearing. Yes, sir.
Mr. Frank Balzebre: Mr. Chairman, Commissioners, City Manager, Frank Balzebre, 3925 Park Drive,
Coconut Grove, Florida. I am president/chairman of the Coconut Grove Village Council and the Coconut
Grove Civic Club. I bring with me Eloy Garcia, who is an immediate neighbor from the neighborhood. We
ask for your consent to name a piece of green space the "Amy Billig Memorial Park," which is located in
South Grove at the conjunction of Le Playa Boulevard and Ensenada Aventura. It is technically a rather large
piece of a right-of-way and not a mini park, as so stated. It is used as a mini park for all the friends, children,
and the neighbors at Days Inn to talk about what's going on in our lives, in our home. Little brief background
about why we're asking for this unnamed right-of-way to be named Amy Billig Memorial Park. Amy Billig
lived and loved Coconut Grove, where she grew up as one of our friends, as one of our contemporaries, until
the time she was mysteriously kidnapped from our streets over twenty-five years ago. It was a tragedy. It
was tragedy that brought this entire city together in search of Amy Billig. Parents all over town became
aware of the dangers and this, thus, brought in a new set of rules for the children's safety. I was one of those
kids who grew up with no streets, and we used to see Amy Billig's picture hanging in every house, every
merchant's window searching and looking for Amy. Her mother is with us today, Susie Billig. She's a proud
member of the local community. She continues as a civic activist in many ways. By serving on the local
Village Council, the Coconut Grove Civic Club, Parking Advisory Trust, and many more. Sue Billig
continues to fight for her daughter's spirit and soul every day. She has never given up, and we should all
want a mother like Sue to fight our battles, as she has so courageously done to date. We are here to ask to
place a marker on this little green space of earth in South Grove, where Amy grew up, to commemorate the
daughter of Sue Billig, as the "Amy Billig Memorial Park" Having said that, I want to bring an immediate
neighbor from the neighborhood, Eloy Garcia.
Vice Chairman Gort: Thank you.
Ms. Eloy Garcia: Eloy Garcia, and thank you for allowing us on your agenda today. Thank you.
Vice Chairman Gort: Thank you. Mr. Winton, this is your district.
51 December 14, 1999
1;� 01
Commissioner Winton: And I know we're trying to move things along quickly. And I would like to just say
a couple of words. I've known Susan Billig for not that long but I tell you, it has been a real honor for me to
have had the opportunity to meet you. You've got a great soul, great fire, a great commitment to our
community. I see it over and over and over again, and I'm just honored that we have this opportunity to name
that park that's in your neighborhood after your daughter and the name, I guess, will be the "Amy Billig
Memorial Park". And do we need a motion for that?
Vice Chairman Gort: Yes, we do. Do you want to -- yes, sir.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Mr. John Jackson: Commissioners, John Jackson, Acting Director, Public Works. I want to make a
clarification. The area in question is a public right-of-way, and it is not a park. It would probably be more
appropriate if the applicant followed the provisions of Section 54-136 through 140 of the City Code for a co
designation street or installation of a marker in plat, plaza right-of-way. That would be more appropriate.
Vice Chairman Gort: In other words, make the motion for the procedure to begin the procedure. There's a
procedure they have to go through the committee and so on.
Mr. Donald Warshaw (City Manager): Correct.
Vice Chairman Gort: OK. There's a motion by Commissioner Winton. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: It's been seconded. Any discussion? Being none, all in favor state by saying "aye." Thank you.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Winton who moved its adoption:
MOTION NO. 99-941
A MOTION TO REFER TO THE MIAMI STREET CODESIGNATION
REVIEW COMMITTEE REQUEST MADE BY MR. FRANK
BALZEBRE (REPRESENTING COCONUT GROVE COUNCIL AND
COCONUT GROVE CIVIC CLUB), IN CONNECTION WITH
CODESIGNATION OF A PUBLIC RIGHT-OF-WAY IN TRIBUTE TO
SUE BILLIG'S DAUGHTER, AMY BILLIG.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
52 December 14, 1999
C
ABSENT: Commissioner Tomas Regalado
Note for the Record: Although absent during roll call, Commissioner Regalado, had earlier asked of the
Clerk to be shown in agreement with the motion.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: yes, sir.
Commissioner Teele: Again, I think this is a great testimony.
Mr.City Attorney to draft up an ordinance that requires public hearings oln aith enmatte s. I thrinkmuc
th ihs is certainly
like for the
something -- is this a public hearing?
Vice Chairman Gort: They have to go for a public hearing. ✓
Commissioner Teele: Olt, so this is not...
Mr. Vilarello: The motion was to refer it to the Co designation Committee, where a public !
held. Commissioner, however, with regard to naming of parks, there is no such requirement. YOU would like? p tearing will be
q nt. That's what
Commissioner Teele: That's the point. We really need to do that. I mean, the public should
public should be aware. This is a tremendous testimony and I'm hopeful that the committee w'►11 act promptly
in returning to this Commission immediately, know. The
Vice Chairman Gort: But my understanding is, when we had a change in names in the ark '
had to go through the public hearing procedures. So, the Public hearing procedure is established
had to go through it. p m Abe ah, e I
because I
Mr. Vilarello: My understanding, you did that as a matter of policy, but not as a mandate.
Vice Chairman Gort: Well, let's put it as a mandate, then.
Commissioner Teele: Depends on who's offering it.
I3.. MANAGER TO NEGOTIATE WITH O
FOR, ORANGE BOWL P RANGE BOWL C,S0*TTEE TO PROVIDE SERVICES
WINO N AIZADE llel EXCHANGE FOR CITY'S CO-SPONSORSHIP OF EVENT AND
NAMING RIGHTS.
Commissioner Teele: Mr. Chairman, it's about 11:56. I know that the Orange Bowl committee people have
been here some time. I also know that the Martin Luther King peo le have
Vice Chairman Gort: Bring them on. P been here. I would like...
Commissioner Teele: Since both of these issues relate, in effect, to some concession r
Police and all of that, I'd like to bring up the Martin Luther King Parade and the Orange
see if we can get the Manager to respond -- give us.., elated to parades and
g Bowl Committee, to
53
December 14, 1999
Vice Chairman Gott: OK. What are the item numbers?
Mr. Donald Warshaw (City Manager): i think it's a discussion item on Commissioners...
Commissioner Sanchez: Do we want to put them both together?
Mr. Vilarello: Fifty-seven.
Mr. Warshaw: OK. I'm sorry. It's 57. Fifty-seven and 55.
Vice Chairman Gott: OK. Bring 55. Item 55.
Commissioner Teele: Fifty-seven, fifty -- same thing.
Commissioner Sanchez: Fifty-five, the Orange Bowl?
Vice Chairman Gott: No. Fifty-five is the...
Commissioner Teele: Let's just take the Orange Bowl first.
Vice Chairman Gott: OK. Go right ahead, sir.
Mr. Edgar Jones: Good morning. It's still morning, I hope. My name is Edgar Jones. I'm the president of the
Orange Bowl Committee this year. The office is located at 601 Brickell Key Drive in Miami. I appreciate
the opportunity to present this concept to you today. It's on occasions we have an opportunity -- somebody
}"4
told me one time or I read somewhere, the best way to predict the fixture is to create it, and I think we have an
opportunity to create the future at this time. I have a short video program, just a couple of minutes long, I'd
like to present at this point.[video presentations made at this point] Thank you. As you will see, we have a
ry
power point presentation over here, the back of my back shoulders so you can watch it as we go through it.
p.....fyf
.'Mk
But to start with the mission of the Orange Bowl Committee, is to support and produce activities and events,
h {s4
which enhance the image, economy and culture of the South Florida community. We are now here to talk
about essentially a partnership with the City of Miami presenting the Orange Bowl Parade. As a background,
the parade began approximately over sixty Years ago in 1936. There are currently about 350 000PeoPle who
line the streets alongtwo point two mile parade route; 125 000 of the spectators are from out of town and in
P P � s P �
the participants, there's about 6750 participants involved in the parade. The parade involves numerous
s5.
community programs also. We are very, very much into community, working with the community, and
supporting the community in that regard. Economic impact of the Orange Bowl Parade is, as I said, there's a
F
total of 6750 participants, of which 3750 are from out of town. We book about 3,000 room nights in the City
of Miami for the parade itself. There are 125,000 visitors that come out, plus another twenty -- 225,000 local
supporters. The event for the people coming from out of town spend approximately four days and spend
approximately a hundred and twenty-eight dollars ($128) per day while they're here. In addition, there's 500
out-of-town media personnel and visiting professionals that produce, in total, an economic impact over thirty
million dollars ($30,000,000) for the parade itself. Those numbers, you'll see, are broken down here, and I
certainly won't go into the detail on that but welcome to discuss that if you would like. We're talking about
essentially a television presentation. The television market will, for the magic city millennium parade, as you
might call it, reaches about 95 percent of the country. Last year we only got to 82 percent and with that 82
percent, we reached eighty million households in the United States. This year we will have about 177
stations broadcasting the parade and it will appear on ABC, CBS, NBC, WB (Warner Brothers), Fox, UPN,
and some independents in addition. The local portion of the parade will be on WTVJ, and last year, on WB,
it got an eight point two rating, representing five hundred and eighty-two thousand viewers in South Florida
54 December 14, 1999
market. And it was number one in its time slot, locally. What we're talking about with the city today is a
sponsorship, is media advertising opportunities and community promotion campaigns. The sponsorship is a
presenting sponsorship and all references to the event will be the City of Miami presents the Orange Bowl
Parade. I think it's a natural. Benefits for the city will include the signage in the television area, festival
recognition, exposure opportunity, publication recognition, press releases and newspaper advertising listings.
In the media and advertising area, you know, certainly we'll have the national television billboards. When
the television comes on when we present the parade, your logo, City of Miami logo, will be on and it will be
indicating that the City of Miami presents the Orange Bowl Parade. There will always be event/logo graphic
for national television. There will be national television commercial spot, and then national telecast city
mention included. Essentially, the same kind of things will be for the local promotion, too, local television
promotion. We have radio opportunities, too, both in English and Spanish stations, with over 320 spots that
were run last year. Some were -- for this year on all the stations indicated up there. And, in addition, 200
tickets will be given away on these stations and an additional 400 on -air mentions. We will be in a print
promotion area. There will be newspaper media buys. We would like to have been able to work on street
banners this year, but street banners have already been printed and they are already up, but we will produce a
web site banner to include the City of Miami. In closing, you know, we do a lot of things associated with the
community. We try and bring community involved. We have a poster competition for students in grades "K"
through 12. We had 2000 participated in it last year. We have the Orange Bowl A -Team, where we
recognize and bring in third grade students that have excelled in their academic areas, and we will be
providing the city 210 tickets in addition. In one of the newspapers, local newspapers, the Orange Bowl
Parade, it was referred to, as -- it says, the Orange Bowl Parade remains the magic city's most magical night.
It is one of the few times in Miami that Anglos, Blacks and Hispanics smile while mingling. And, also, I'd
like to point out in "U.S.A. Today", in June 25th issue, a Miami -- the Orange Bowl parade was listed as one
of the top 10 parades in the country. Then, in closing, you know, we believe this is a partnership between the
City and the Orange Bowl Committee and the community that's going to be solidifying the future of this very
important tradition for the city. The marketing opportunities derived from this event will undoubtedly prove
beneficial to the City of Miami's image. The moon over Miami will shine forever as it shines over the
parade. We're asking this Commission to join the Orange Bowl committee in supporting Miami's most
treasured, annual event. The gift to our community, the City of Miami presents the Orange Bowl parade. I
want to thank you for this opportunity, and I appreciate the time. And we have one last follow-up on the
video monitor, and then I'll be available for questions.[video presentation made at this point] I like it. I like it.
Vice Chairman Gort: Thank you, Mr. Jones. Mr. Manager, what is the cost of this and what -- does this have
to go through the board?
Mr. Donald Warshaw (City Manager): Well, there're a couple of issues. Up until about three years ago,
basically, we were providing police service as an in -kind donation to the parade. Then that stopped. It
became, in effect, a bill or an off -duty job, and the cost of somewhere in the area of about, what is it,
sixty-eight — sixty-seven thousand dollars ($67,000)
Mr. Jones: Somewhere between sixty, eighty thousand. Somewhere in that range.
55 December 14, 1999
f
(2)
Mr. Warshaw: This year is kind of a strange year in that because of the Y2K issue, the entire Police
Department will be working on a 12-on, 12-off shift. So, the manpower, in effect, the deployment of the
Police Department will be in effect. So, we're going to cover it regardless now. We would have billed the
Orange Bowl committee, under the current rules, that's sixty-eight thousand dollars ($68,000). And that's a
little bit of the history on this parade. I think what they're looking for is something for this year and,
obviously, some kind of a long-term partnership and commitment between the City and the Orange Bowl
Committee for the future.
Vice Chairman Gort: My understanding is, what you're telling us, it's part of the budget that you already had
set up. The police protection be there anyway. Even if there was no parade, you would have the police there
because of the different events in downtown.
Mr. Warshaw: No.
Vice Chairman Gort: Is that what you're saying?
Mr. Warshaw: No.
Vice Chairman Gort: No?
Mr. Warshaw: For this year...
Vice Chairman Gort: Uh-huh, for this year. I'm talking about for this year.
Mr. Warshaw: Until and if the Commission changes the policy, we're basically billing the Orange Bowl
Committee for security. So, had this request not come forward, if it is not acted upon, they'll be billed for
sixty-eight thousand dollars ($68,000). What I'm saying, that's a little bit different for this year is that not
because the Orange Bowl parade, because of Y2K, the officers are all going to be working. So, we're going
to have that staffing in place.
Vice Chairman Gort: That's what I asked. And the reason I asked that question, if that's part of your regular
budget, does this have to go to the Oversight Board?
Mr. Warshaw: No.
Vice Chairman Gort: That's the question. I mean, there's a lot of things we would like to do in here but,
unfortunately, we have to consult with the Oversight Board on these things.
Commissioner Teele: Commissioner Gort?
Mr. Warshaw: I'll let the Chief address that issue.
Chief William O'Brien: No. The expenses for January 3 I st and — strike that -- December 31 S` and January
1st are Y2K contingencies that I'm putting in place and using the overtime -- my overtime monies to do.
With the possibilities that could occur with all the millennium problems, I'd be remiss if I did not have the
Proper contingency that evening.
Vice Chairman Gort: I understand. But that's the question that I'm trying to address. Commissioner Teele.
Commissioner Sanchez: Mr. Vice Chair?
56 December 14, 1999
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: So, therefore, the expenses will be minimal?
Vice Chairman Gort: The question has not been answered. My question is, -- because of the statement you
made -- this was part of your planning, so this is part of your budget, so this is nothing out of the ordinary that
this — does this have to go to the Oversight Board or not?
Chief O'Brien: No.
Vice Chairman Gort: OK. Thank you.
Commissioner Sanchez: Mr. Vice Chair, as chairman of the Bayfront Park or Johnny Winton represents the
district, I would just like to say that this parade, although we do have other parades in this community that are
very important, this parade has been the signature event for our city. Not only does it get national, but
international appeal to this parade. With the flamboyance of this parade in our community, I mean, what
better way to send out to the world, through media, that, you know, Miami's back; Miami has got its groove
back. So, you know, I am prepared to make a motion, if no one is.
Vice Chairman Gort: OK, sir. What's your motion?
Commissioner Sanchez: My motion is to direct -- Johnny, did you want to say something before I make my
motion?
Commissioner Winton: No, go ahead.
Commissioner Sanchez: Direct the city administrator to negotiate a contract with the Orange Bowl
Committee for a short-term or long-term, and also allow us to obtain more than just naming rights, if
possible, in that contract.
Commissioner Teele: Second the motion. Mr. Chairman...
Vice Chairman Gort: It's been moved and second. Discussion?
Commissioner Teele: Any contract is going to have to be approved by the Oversight Board...
Commissioner Sanchez: Yes.
Commissioner Teele: ... by definition. Look, it's just, to me, a little bit amazing. There are a lot of things that
are right with this city and there's a lot of things wrong, but no one can argue that the Orange Bowl Parade is
not one of the signature events that defines this community, this entire community. I mean, what it does for
Miami, in terms of television, you know, it would cost us tens of millions of dollars to try to buy and
replicate. It seems to me that the city, this Commission -- and I keep saying we're the legislators. We need to
move ourselves out of the day-to-day rush. This is ridiculous, that you all would be coming here on
December the — what is this -- the 14`f' talking about a sponsorship. First of all, all of the sponsorship
opportunities have gone. Our names are not on the key chains; our names aren't -- you know, we missed all
the stone crabs at Monty's.
Vice Chairman Gort: The banners.
57 December 14, 1999
Commissioner Teele: All the banners are gone. I hope the Monty's people heard that we are going to be fair
to them and not just the other stone crab place on Miami Beach. But the fact is this: We really need to
legislatively incorporate the Calle Ocho, the Martin Luther King, the Orange Bowl. This is ridiculous, that
we make everybody come to us. This is the way this city operated for 20 years and we hold it out as if we're
doing some great favor. I mean, let's do the favors for these others things that haven't developed the level of
prominence. But we ought to be more business like. I think the issue should be to negotiate a multi -year
agreement as opposed to a one-year agreement, and to further incorporate the Orange Bowl contract as a part
of our annual budget process, so that you all have something you can go out with. We have something.
Obviously, there are some of us who feel that the Orange Bowl game ought to be .a part of those discussions
and negotiations because I don't think we should ever take that issue off the table, and if no one else will put it
on the table, I'll put it on the table to the Manager...
Vice Chairman Gort: I'll second that.
Commissioner Teele: ...to incorporate the Orange Bowl game being at the facility -- at the stadium. But
we're not going to let a deal breaker get in here on this issue. But I think it's important that some of us say
that we'd like to see the Orange Bowl game return to the City of Miami, and we're prepared to work with the
stadium in the upgrading, as we've said with the University of Miami to do that. But my only point is this.
This event, along with several other events, the Calle Ocho and the Martin Luther King Parade, those three, in
particular, are signature events in this community and we really should institutionalize it and make it a part of
our annual process. And I'm pleased to second the motion by my colleague to instruct the Manager and
authorize the Manager to execute an agreement that would incorporate the co-sponsorship or present it by the
City of Miami as a part of the naming rights in exchange for other services that the City of Miami can provide
for the Orange Bowl parade.
Vice Chairman Gort: Commissioner Teele, if you'll recall, we passed a motion -- a resolution about six
months ago where each one of us in each district, where we going to have the parades, and those parades
were going to be a part of the budget. We already approved that. It was your motion that was made.
Commissioner Teele: I do.
Vice Chairman Gort: Let's make sure we put it back into it. Now, I have two questions. Do the Tourist and
Visitor's Bureau sponsors anything? Did you get any funding from the Tourist and Visitors or from the Hotel
Association?
Mr. Jones: A very small amount. N
Vice Chairman Gort: Well, that very small amount — I mean, the amount of publicity that you give -- I think
this is something we should look into it, where they can provide more funding. I mean, the city contributes
quite a bit to them, so I think they should be able to contribute a few more dollars to your — to the operation.
Mr. Jones: We always try and they have...
Vice Chairman Gort: Well, we'll back you up next time. We'll make sure, Mr. Manager, in making this
contract with them, that we talk to the Tourist and Commission -- Visitor's Bureau. We make a pretty large
contribution there. And, also, the hotel/motel associations for Miami -Dade. They get a lot of business and
they should be able to contribute also. I don't know if they contribute right now or not, but I think they
should be part of the contribution. This should be a citywide and countywide. Anyone else? Commissioner.
Commissioner Winton: Just one more comment, and I have to agree completely, Commissioner Gort, with
what you said. And Edgar and I have had a long conversation about the Orange Bowl, and I was born and r.€
58 December 14, 1999
{
raised in New Mexico and the Orange Bowl event was the bowl game that I always watched come hell or
high water. When I moved to the City of Miami in 1980,1 bought -- started going to the Orange Bowl game
and went to every game until it moved to that other stadium. But I would also hope that, as we move forward
— you know, you all have a great Orange Bowl basketball classic, as well, and I think this year it's going to be
played in the National Car Rental Center up in Broward, and I hope that, as we move forward, we can get
more of the major events back down in Dade County, and we're going to have some great facilities, but that
is not a condition precedent of what we're doing here, at all. It's a request that I hope we can do.
Mr. Jones: Just an additional comment, as Commissioner Teele's comments regarding Bowl Game, we did
have the Bowl before the Bowl at the Orange Bowl this past weekend, where essentially 25,000 kids
throughout South Florida participated in the Bowl Game. Essentially, the Bowl before the Bowl. And, so,
we did use the Orange Bowl this year.
Vice Chairman Gort: OK. Is there any further comments?
Commissioner Sanchez: Call the question.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: Thank you,
59 December 14, 1999
L �=1,
t� �
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-942
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO NEGOTIATE A CONTRACT WITH THE ORANGE
BOWL COMMITTEE TO PROVIDE CERTAIN IN -KIND SERVICES
FOR THE ORANGE BOWL PARADE, IN EXCHANGE FOR THE
CITY'S CO-SPONSORSHIP OF SAID EVENT AND HAVING
NAMING RIGHTS; FURTHER DIRECTING THE MANAGER TO
ALSO NEGOTIATE A LONG TERM MULTI -YEAR CONTRACT
(INDEPENDENT OF THIS YEAR) REGARDING SAME; FURTHER
INCORPORATING THE ORANGE BOWL CONTRACT AS PART OF
THE CITY'S ANNUAL BUDGETARY PROCESS; FURTHER URGING
THE CITY MANAGER TO NEGOTIATE FUTURE INCENTIVES
OTHER THAN JUST NAMING RIGHTS.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
•., u+..vYL' t:ll x a; l,U-bFUNSORSI II]F OF DR."MARTIN,LUTHER KING, JR....PARADE ANDS,
FESTIVAL "CITY TO PROVIDE (1} TECHNICAL ASSISTANCE AND SUPPORT,1.
AND (2) IN -KIND-
CON I'RIBUTIQN8 AND.SERVICES, IN AN AMOUNT NOT TO EXCEED. $15,000.
Vice Chairman Gort: Martin Luther King Parade.
Mr. Donald Warshaw (City Manager): Commissioner, just -- excuse me. Just for clarification, the execution
of a long-term contract, that's independent of this year.
Vice Chairman Gort: Correct. Yes.
Mr. Warshaw: So, this year you're directing me to...
Vice Chairman Gort: Right. You have it there anyway, so... Yes, sir.
Mr. Preston Marshall: Reverend, Dr. Preston Marshall. I'm president of Martin Luther King. I think our
circumstances are a drop in the bucket in comparison to that, although we have a 25-year history of success
and served the citizens. We're up to about four hundred thousand people, too and we have several and they
are, basically, residents -- most of them. A hundred and some thousand are residents of the City of Miami.
And we're just asking for basic -- if you don't ask for any money, we usually try to get the in kind services of
the Police, the Sanitation assistance, and maybe the barricades and whatever we need for the residents of the
City of Miami. I think that Dr. King has been an American hero who has exemplified peace in everything,
60 December 14, 1999
!•'t
for everybody. He has opened up the world of litigation for all Americans and he has been the American
symbolization for what is needed. So, we are here ,just requesting for services to assist us to making the
Martin Luther King event a success. And, however, if we could be placed permanently on there, we hope
that one day that we can get a specific office and supportive information so we can become self -supported
and come to that degree. However, 1 do represent the black community that's not yet in that sophistication
effort, at the present time. So...
Vice Chairman Gort: Well, I have a suggestion. Mr. Manager, while you do your negotiation with the
Orange Bowl committee, maybe they can give some technical support and some advice on how to get
sponsorship and so on for this other parade, also.
Mr. Marshall: Well, they have -- they also have the football game and other things and tradition and a whole
bunch of other things that we are just not sophisticated at the present time to...
Vice Chairman Gort: That's all right. They can help. They can help.
Mr. Marshall: OK.
Commissioner Teele: Yeah. And I think that's one of the points, perhaps, that the Manager should include in
his list, is some form of technical assistance and support to other facilities that are -- to other activities that are
operating within the same time frame. And, again, I would include Calle Ocho, as well as Martin Luther
King. These events all occur within a very close two -week time frame. Mr. Chairman, with your permission,
I would move the resolution that is attached, but I would provide a cap of not to exceed fifteen thousand
dollars ($15,000) in City services and in kind contribution, again, in exchange for naming rights and
co-sponsorship and other services that the Martin Luther King credits, that the Martin Luther King Parade
committee would give to the City of Miami, not to exceed fifteen thousand dollars ($15,000).
Vice Chairman Gort: There's a motion. is there a second?
Commissioner Sanchez: Second.
Commissioner Winton: Second.
Vice Chairman Gort: Been moved and second. Any further discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): Aye.
61 December 14, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-943
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE CiTY'S CO-SPONSORSHIP OF THE DR. MARTIN LUTHER
KING, JR. PARADE AND FESTIVAL ("EVENT") TO BE HELD ON
JANUARY 17, 2000; FURTHER AUTHORIZING AND DIRECTING
THE CITY MANAGER TO PROVIDE (1) TECHNICAL ASSISTANCE
AND SUPPORT, AND (2) IN -KIND CONTRIBUTIONS AND
SERVICES, IN AN AMOUNT NOT TO EXCEED $15,000, FOR THE
EVENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Gort: We'll be back at 2:30. Thank you.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 12:22 PM AND RECONVENED
AT 2:40 PM WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONER SANCHEZ.
15 PRESENTATIONBY THELMA EDWARDS RE SOUTHWEST COCONUT GROVE NET SERVICE
CENTER
Vice Chairman Gort: Good afternoon. At this time, we're going to hear from the Coconut Grove. My
understanding, it's a short presentation. Then we'll go to the rest of the items.
Mr. Donald Warshaw (City Manager): NET (Neighborhood Enhancement Team)?
Vice Chairman Gort: Yes.
Ms. Thelma Edwards: Good afternoon, ladies and gentlemen, Commissioners, Mayor. My name is Thelma
Edwards and I'm the Coconut -- Southwest Coconut Grove NET Administrator. We're here with our
lieutenant, Lieutenant Daniel Watkins, our NRO (Neighborhood Resource Officer) Officer, Audry Eckerd,
our PSA (Public Service Aide) Ms. Bennitta King; Ms. Gloria Green is our service center rep., who just
passed out you the information. Mrs. Sabrina Nottage, who is our service aide; Michelle Watps, Carlos
Herrera, and Teresa St. Surin-Austin, who are our code enforcement inspector, and Mr. Lawrence Clark and
John McMillan are some of our cleaning crew. We're happy to make this short presentation to you. We also
62 December 14, 1999
k°
,
`cave members of our community here that will speak to you on whether -- some of the likes, dislikes or some
of the good things that they have to say or bad things that they would like to say about our NET services. The
Southwest Grove NET Service Center services the area north -- on the north side of Prospect to Bird Avenue
from the Bay to LeJeune.
Vice Chairman Gort: Excuse me. Do we have an officer here to make sure we keep it quiet, please? One
meeting at a time. Go ahead. I'm sorry.
Ms. Edwards: To the west to LeJeune Road. In that we have -- of course we have a little history about
Coconut Grove, is that Coconut -- in 1973 Coconut Grove was a hundred years old.
Vice Chairman Gort: Speak into the mike.
Ms. Edwards: To date is now 176 years old, and that means it's older than the City of Miami. We have
worked hard with our community and we continue to work hard with our community. We have a very unique
situation wherein on the south side a portion of it is an area that's unique in its wealth and its landscaping
character, and on the west -- on the north side, of course, we have the older pioneers of the community that
have been here for many years. The Coconut Grove is historic in many areas, and most of what we do is try
to work with the community in keeping its historic character and working with them to make sure that things
are the way that they would like the village concept and that sort of thing is very important. The environment
is very important. I have here with us today Lieutenant Dan Watkins from our NET Office, and he would
like to introduce to you some of his staff that's also working in our -- in the area.
Lieutenant Daniel Watkins: Good afternoon. I'm Lieutenant Dan Watkins. I'm the commander for Coconut
Grove. With us we have Audry Eckerd, who is the Neighborhood Resource Officer for Southwest Coconut
Grove. I'd like to take a moment to go over one of the projects that we're working on in the Southwest Grove.
As you can see the map over there, that is Coconut Grove. The line that divides the map divides the
southwest Grove and northeast Grove. This square highlighted area is considered the West Grove or the
Village West. In January of this year, the first of several problem -solving teams were made up or made
operational in the West Grove. There are currently three teams in operation in the City of Miami. The other
one is being located in Model City and Allapattah. The purpose of the problem -solving team is to address
concerns of the citizens. These concerns were determined through a series of community meetings, where
the local development corporation, the City of Miami Police Department and area residents. Some of the
concerns that they had were illegal drug sales, sleeping along Grand Avenue, and quality of life issues, such
as drinking in public. The third item, which is particularly interesting because the area residents told us they
didn't want people standing on the corners of Grand Avenue, sitting on milk crates, drinking beer, because as
people drove through the West Grove, it gave the appearance that the area was rundown and neglected, and
the citizens that didn't care, and this is certainly not the case. Another concern that they had was speeding
along Grand Avenue. Once our problem -solving team became operational, the members of the
problem -solving team that were (unintelligible) certified, along with members of the Traffic Enforcement
Unit, our motorcycle officers, began targeting Grand Avenue. In the first two months of the operation, over
six hundred tickets for speeding were written along Grand Avenue. So, this certainly was a concern that they
needed to address. Of course, illegal drugs was the main concern that they had. As you look at the map over
there, you'll see a number 6f red dots. Those are 58 locations that have been targeted by the problem -solving
team. Each location the information in reference to those locations were given to us by community citizens,
area residents and business owners. This area or this program in the West Grove is working. Another way
that we're addressing the problems with the community is through community activities. Each member of the
problem -solving team, including myself, participate in community activities each month. Since the
beginning of this operation, 35 community -- different community activities have been done over in the West
Grove, such as bike give -a -ways, area clean-ups and basketball games. As I mentioned before, this is
working in the West Grove. In the highlighted area that you see, which is a small area, crime has been
63 December 14, 1999
reduced from 1999 dramatically. Robberies by 77 percent, motor vehicle thefts by 58 percent and burglaries
by 48 percent, while the Grove crime overall has been reduced by 13 percent. Again, this is a program that's
working. And with the assistance of the community, the problem -solving team, the Miami Police
Department, is making a difference in the West Grove. Thank you.
Vice Chairman Gort: Thank you.
Ms. Edwards: Not everyone that fiords our services and what we're doing in the community could be here,
like Ms. Rowe, for instance. She's in surgery, so she could not be here. But she's a NET supporter and a
supporter of what we're doing in the community. We do have other community supporters and those who,
although they are not happy with a lot of the things that are happening, they are for NET because they see that
NET is making a difference. So, I'd like to present to you, just for a two second — two -minute presentation
maybe from some of the neighbors that live in our community and that would like to give -- have something
to say. Mrs. Bernice Schreiber is here.
Ms. Bernice Schreiber: My name is Bernice Schreiber. .I'm a property owner in the West Grove and have
availed myself of the services of NET. My interest in the Grove goes...
Vice Chairman Gort: Your address, ma'am, please.
Ms. Schreiber: Pardon?
Vice Chairman Gort: Your address.
Ms. Schrieber: Sixty-five Seventy Bird Road.
Vice Chairman Gort: Thank you.
Ms. Schrieber: Oh, the address of the property?
Vice Chairman, Gort: No. That's fine.
Ms. Schrieber: OK. That's my office address. All right. My interest in Coconut Grove is routed in a
Personal history. My parents came to the area when McFarland Lane was just a dirt road, and at the Coconut
Grove Movie House, on Saturday afternoon you could see the double future of Hop Along Cassidy and the
Lone Ranger for five cents ($.05). Of course, the changes have been absolutely phenomenal. Where cracker
shacks once stood, we have MayFair. And the development in both the business area and the residential area
has made us a community comparable to Palm Beach, but we have a wonderful diversity here of people from
those living on the boats to those in waterfront mansions, but not everyone in the Grove has enjoyed the
wonderful benefits of growth. Although, many homes are well kept in t11e West Grove, there are still homes
that are badly neglected, many owned by absentee landlords with no interest, other than to make money.
Some homes are abandoned. There are tagless cars backed in against buildings with flat tires; automotive
repair shops operating freely in front yards, and evidence of narcotic activities. I've been confronted with
many of the difficult symptoms and ills of a community, and I was unable to handle thern myself. This is
why I walked into the offices of NET. Initially, I came in to request code enforcement for the surrounding
area. In the past few years, I've been very disillusioned with the lack of that enforcement; things were started
and never followed through upon. But now, we have a new code enforcement officer in the area, Carlos
Herrera, and his enthusiasm and interest in the area has me very hopeful in what can be done. He's been
giving legal teeth, and I hope lie puts a good bite in them. Certainly, the value of any contract is total)
vested in the integrity of the people making the contract. As a taxpayer, my contract is with city government.
I hoe you will fulfill that contract. Thelma Edwards a itomizes a benefit of m paying taxes. Through her
p
p Yp Y g
g
64 December 14, 1999
0 0
open-door policy, she's been very helpful to me and directing me to various services offered to me that I
would not otherwise have known about. She's also been very helpful in giving me advice. She has a personal
interest in the community and its people and works tirelessly to see that things get done and it's a very
difficult task. At the persistent recommendation of Mrs. Edwards, I contacted Lieutenant Daniel Watkins.
He and his team of officers were immediately responsive to a problem I had and other members of the street
had in dealing with the criminal who is creating absolute havoc. What's most unique about the lieutenant is
his comprehension of the multiplicity of problems and the people and their contributions, both positive and
negative, in the community. He, too, cares about Coconut Grove. In all the years of all the people I have
dealt with, Lieutenant Watkins is most responsive to the pulse of the needs of our area. He is not only
enforcing the law, but helping individual people. It's not an understatement to say that Lieutenant Daniel
Watkins is an integral part of the heartbeat of Coconut Grove. You'd be well advised to listen to his
overviews, his insights and his recommendations. IJe's out on the street and knows exactly what's happening,
Granted the problems before the Commissioner, not all easily solved, but standing strong with the excellent
personnel you have at your disposal, would certainly help the community improve. NE1' is an excellent
structure in place but needs assistance, economically, as well as just your support in going ahead with their
needs. One thing that would be worth investigating more is the use of our modern technology in improving
the areas, whether it's cameras on streetlights or improved use of computer sciences to help identify people
and what have you. I trust all of you will continue to fulfilling that which is incumbent upon you between
resident and government in fulfill our contract and provide us all with a better way of life. Thank you.
Vice Chairman Gort: Thank you, ma'am. Thelma,
Ms. Edwards: Reverend Leonard.
Vice Chairman Gort: You have a few minutes. Let's go.
Ms. Edwards: Reverend Leonard, you want to say just a few words? And I think -- and then Tucker and then
we'll cut it off. Reverend Leonard, just a second. Just a few words. You want to say a few words, Reverend
Leonard?
Vice Chairman Gort: Go ahead, Reverend.
Reverend Willie Leonard: My name is Willie J. Leonard, pastor of St. Matthew Baptist Church, and
associate member of the Ministerial Alliance, Coconut Grove. Just like to say a couple of words for the NET
Office. All the years that I've been in Coconut Grove, which is about 40 some years, one of the best things
that I've seen happen in the area was the NET office. It brought government to people, where people could
understand government, and made it accessible to the NET agencies and our government that people have no
idea how to contact these agencies and how to get through the red tape, but the NET office brings the
government down where people can understand it, where people can deal with the government. And I've
never seen such a diligent worker in all my life as the NET coordinator there, Thelma Edwards. She's an
unceasing worker in all the areas of our community. So, I'm saying like -- there's an example that I have.
Short sermon here. That I was in an ICU (Intensive Care Unit) room one day and I saw a man with a support
machine on him. He had tubes coming from every place. I said a prayer. I thought that there was no hope
for him. And I went by. I walked out of the room. Well, to my surprise, a few days later lie walked in my
church. He lived another two or three years and he did more work than two, three years than after that than
lie did in the whole time of his life. Please don't pull the life support on our NET system. Thank you very
much.
Ms. Edwards: Dr. White...
Vice Chairman Gort: Thank you, Reverend.
65 December 14, 1999
Ms. Edwards: ... will you end this for us, please.
Dr. David White: Good afternoon. I'm Dr. David White, 3523 Model Avenue, Coconut Grove. I'm the
president of the Homeowner's and Tenants Association in Coconut Grove. The NET Office is a very vital
source in our community. The people are very impressed with what's going on. Many positive changes have
taken place. I don't want to be redundant in what's stated before, but the NET office is doing a magnificent
job. We're aware of many things we would not have been aware of otherwise if the NET Office had not been
there. We know what's taking place, as far as our parks concerned, the drugs, the community, in general.
And I would dare say, it would be a disservice if you were to eliminate the NET office in our community
because it is definitely serving a magnificent purpose and I'm hoping we will continue to keep it. Each one
of you gets a copy of our newsletter every month, and quite a little bit of that information comes from the
NET office. Because we want each person in our community to know exactly what's going on and thanks to
NET office, we're able to get this information and be able to give it to the citizens of our community. Thank
you.
Vice Chairman Gort: Thank you.
Ms. Edwards: Thank you so much for giving us these few moments.
Vice Chairman Gort: Thank you all. But will you do me a favor. Will you introduce all your staff and
mention what they do, so people will know?
Ms. Edwards: This is Gloria...
Vice Chairman Gort: Into the mike, please.
Commissioner Teele: Into the microphone.
Vice Chairman Gort: State your name and your position.
Ms. Gloria Green: Gloria Green, Service Center Representative.
Vice Chairman Gort: Thank you.
Mr. Carlos Herrera: Carlos Herrera, Code Enforcement Inspector, Southwest Coconut Grove NET.
Vice Chairman Gort: I'm sure you got a special picture of that presentation. I'm sure you got a copy of that.
Ms. Teresa St. Surin-Austin: Teresa St. Surin-Austin, Code Enforcement Inspector.
Ms. Sabrena: Sabrena Nottage, Service Center Aide.
Ms. Bermita King: Bermita King, Public Service Aide.
Ms. Michelle Watps: Michelle Watps, Code Enforcement Inspector.
Mr. John McMillaan: John McMillian, community cleaner.
Ms. Edwards: Thank you very much.
66 December 14, 1999
S'
W
Vice Chairman Gort: Thank you all. Thank you very much. You know, NET is as good as itr staff and the
people working on it. I want to thank you very much. Thank you.
li$ ;dEC A E l'TION: PROM CODE SECTIONS M-4(a) AND 36-5(a) - NOISE nstiLT NO
F i�VI'>rI1yNlll�ii+ THE Y`CrRAIt'E�i1N) " TELEVISION SERIES, AT VAMOVS LOCATIONS. IN THE
Tt� C$S I'ROi�t1CTION 013TAIN�NG CONSENT FROM THE NEIG14BORS AT
>�ACi� I+I�i�1NG LOCAD1iT'Y. ,
Vice Chairman Gort: Do you want to make the announcement that. the — we called for a time certain for the
Miami Arena and the Union for 4 o'clock, so they would know?
Commissioner Teele: Mr. Chainnan, the persons that are involved in this issue have asked if they could
come up around 3 o'clock, which is now. I've taken the liberty of calling the Miami Heat and advising them
that we would bring the matter up, hopefully before 4 o'clock, at 3 o'clock, and they have indicated that they
would have a representative here and they had no objection. Is that representative here? Are you with the
law firm of, OK, yeah. That's who they said. All right. Thank you. Mr. Chairman, without — unless there's
objection — I know Commissioner Sanchez was eager to move the issue, and the people that are here,
obviously, would like to...
Vice Chairman Gort: I know. There's one item from the film industry. They are here. It's a very short item.
If we could take that up, Item 7. Only take a minute, so they can get back to their production. Item 7.
Commissioner Teele: Grapevine.
Vice Chainnan Gort: CBS, yes.
Ms. Maria Chavez: Hi. How are you? My name is Maria Chavez. I'm the location manager. I live at 7050
Southwest 66th Avenue, Miami, Florida. I'm here on behalf of CBS Productions in Los Angeles, and the
producer and writer, David Frankel, who is a resident of the City of Miami. We're filming a TV (Television)
series in Miami. We started filming December P and we're filming until March 14th and, hopefully, it will
be picked up and be a five-year running series in the City of Miami and South Florida. What I'm asking for
the Commission is an extension on the variance of the noise ordinance for ten times to film in the City of
Miami area. For this variance, what we could do is, we would be in connection with the Public Information
Permit Office, Vivian Pombo, if we were to film it in neighborhood and need to go, because of our
scheduling, beyond the I I p.m. noise ordinance. We would go to all the neighbors, as we have done in the
past. We have a Code of Ethics. We get their signatures and we see if it's OK with them, and we go ahead
with the permit. That this would give us a valid variance as opposed to Morningside last week, where we had
to get signatures but we could be shut down without a variance.
Vice Chairman Gort: OK. Thank you. Mr. Manager.
Mr. Donald Warshaw (City Manager): The administration recommends the approval with those stipulated
conditions.
Commissioner Regalado: What areas, Maria, are you thinking of?
Ms. Chavez: Well, a lot of the areas would be Coconut Grove, the Miami River area, downtown Miami,
Morningside, some of the residential areas. And I do -- I'm aware of some of the hot spot areas. If it's a hot
spot area, we know that we would -- if we don't get the majority of signatures; we wouldn't be able to film
there.
67 December 14, 1999
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Vice Chairman Gort: OK. Do I have a motion?
Commissioner Winton: Move it.
Commissioner Sanchez: Second.
Regalado: Second.
Vice Chairman Gort: It's been moved and second. Any discussion? Being none, all in favor state by saying
"aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 99-944
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN
EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS
CONTAINED IN SECTIONS 36-4 (a) AND 36-5 (a) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED AS THEY RELATE TO THE
LEVEL AND HOURS OF NOISE RESULTING FROM FILMING THE
"GRAPEVINE" TELEVISION SERIES, FROM DECEMBER 14, 1999
THROUGH MARCH 4, 2000, AT VARIOUS LOCATIONS IN THE CITY OF
MIAMI, SUBJECT TO CBS PRODUCTION OBTAINING CONSENT FROM
THE NEIGHBORS AT EACH LOCALITY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez .
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman, I'll prepare a resolution to that effect.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: Mr. Chairman?
68 December 14, 1999
1,
met
Vice Chairman Gort: Yes, sir. Now, we can...
Commissioner Teele: Also, could you make sure that we make the announcements on NET 9 or just do a
little -- I think...
Vice Chairman Gort: I think that would be important. Yes.
Commissioner Teele: If we could incorporate a notice on NET 9, just a little, you know...
Mr. Warshaw: We will.
Ms. Chavez: OK.
Vice Chairman Gort: Also, something came in front of me today. Those NETS where they qualified for
CDBG (Community Development Block Grant) funds, those NET offices, if they can have applications for
the loans for redevelopment, the homes, to remodel and so on, they should have it and they should be trained
for it. OK. Thank you.
1a , tRS0�IAT ' A1�PEARANCE BY Wit:LARD HART CONCERNING PI�OBLEldiS WITH GARBAGE
'ii AND CO ' _ R.CTAL S6t WASTE TICKUP.
Commissioner Teele: Mr. Chairman, similarly, you had the next item -- is Mr. Hart here? This is a short
item, as well.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Hart, who is the past master of the New Providence Lodge 365, and the question
that I had is, they're seeking some type of variance relating to a garbage or trash receptacle. Is that right, Mr.
Hart?
Mr. Willard Hart: That's correct.
Commissioner Teele: Could you make it very brief and explain to the Manager -- did you all ever meet with
the Manager on this item?
Mr. Hart: No, we didn't.
Vice Chairman Gort: Please, give us your name and address, please, sir.
Mr. Hart: Willard Hart, 1878 Northwest 56th Street, Miami, Florida 32142. Having served the City of
Miami in various capacities, on different boards, I think, you know, as a good citizen, I feel as though what's
happening with my lodge is an indication that something is broken down. We meet only twice a month in a
building, and we have church storefronts below. There's really no need to have a trash bin, but since the city
has deemed that it should, this is what has happened. We have trash the bins and we pay, it seems, like a
series of companies have come behind Waste Management, BFI (Brown Ferris Industries), Lazaro and now
it's Imperial. It seems as though they come -- they know there's no garbage there, so people bring garbage
from the area and dump it there and then they refuse to come and pick up the garbage. If they would just
come, like they said, on Monday's -- I'm retired. I go there and I wait to see if they'll come. They don't. 1
called. They said, "We sent one out there." So, we're paying them eighty-six dollars and seventy-one cents
($86.71) a month for services we're not getting. So, all we want is some justice. We want to make certain
69 December 14, 1999
that we get what we're paying for. The computer keeps adding on every month but, yet, we're not getting the
service. That's quick. That's why we're here.
Vice Chairman Gort: OK. Reverend Hart, my understanding is, from what lie's stating is, he's paying for a
service that's not being provided. Could you please get together with him and make sure that we can comply
with him and see how we can help him?
Mr. Clarence Patterson (Director, Solid Waste): Commissioner, if I may. He has the services of a private
hauler.
Commissioner Teele: Clarence Patterson, Director.
Vice Chairman Gort: Right. I understand.
Mr. Clarence Patterson: Clarence Patterson, Director of Solid Waste Department. That service is not
provided by the city. It's provided by a private hauler, and we don't have the authority, under the Code...
Vice Chairman Gort: Mr. Patterson, my understanding is, those people acquired a permit from us and they
need a license from us to operate within the city, the private hauler, am I correct?
Mr. Patterson: Yes, sir. That is correct.
Vice Chairman Gort: And if they want to deal within the City, they better comply. My understanding is, it's
our job also that they are complying with the regulations, and that's why we have a new RFP (Request for
Proposal) out. So, I think, you can sit down with this gentleman and ask them to take care of his problem.
Mr. Patterson: We've talked to him about it and he's fully aware of that.
Commissioner Teele: Who's your contract with now, sir?
Mr. Hart: With Imperial.
Mr. Patterson: Imperial Waste Service.
Mr. Hart: Yes.
Commissioner Teele: Well, I tell you what. I'll set up a meeting in the Manager's Office or at the MRC
(Miami Riverside Center) with Imperial and you all at a convenient time, with Mr. Patterson or whoever the
Manager designates. And I just can't accept what I'm hearing...
Vice Chairman Gort: Yeah.
Commissioner Teele: ...that we have no responsibility. We do have a responsibility. We permit these
people. And I'll ask that the item be put on the next agenda and, hopefully, you won't have to come. We can
have a resolution.
Mr. Hart: Thank you so much.
Vice Chairman Gort: Thank you.
Commissioner Teele: And I apologize.
70 December 14, 1999
Mr. Hart: Have a nice day.
Vice Chairman Gort: Thank you for coming forward. Thank you.
IS, (A) RESOLE THAT COMPLIANCE WITH AMERICAN AIRLINES ARENA FIRST SOURCE
Mt NO CONTRACT (A CONDITION OF RESOLUTION NO.98-99), IS A MAJOR PART OF THE
OR USE SPECIAL PERMIT AGREEMENT;
(I } SCt EDiILE :SPECIAL MEETING, FOR EVMENTIARY PUBLIC HEARING REGARDING
T±IRST',SO RCE`''HIItINd AGREEIvIENT COMPLIANCE' BY BASKETBALL PROPERTIES AND
f " 1' RESTAURANT'S AT 'f HE, AMERICAN AIRLINES ARENA;
C) HOTEL EMPLOYEE RESTAURANT EMPLOYEES UNION, LOCAL 355, TO PROVIDE THE
CITl"S.I;OMMUNI'TY DEVELOPMENT/WORKFORCE DEVELOPMENT DIVISION WITH THE 165
NAMES OV DISPLACED WORKERS FROM THE MIAMI ARENA WHO- HAVE NOT BEEN HIRED
AfiNEW.ARENA`
Vice Chairman Gort: Next item. The union.
Commissioner Teele: The hotel bartender's here?
Commissioner Sanchez: Yes. Mr. Vice Chair, they have contacted the Commission and asked to do a small
presentation and, at this time, I'm going to refer it to you, sir.
Mr. Andy Balash: Thank you very much. My name is Andy Balash, and I'm located at 7910 Northwest 25th
Street. I'm the secretary/treasurer of the Hotel Employees Restaurant Employees Union. And I am here
today to speak before you, Mr. Vice Chairnan and members of the City Commission and City
Administration, on behalf of 165 workers, who are currently employed at the existing Miami Arena. I have
this speech in front of me, which is well -drafted, well -written and it points out all the facts, but I have tell
you, this is something that needs to come from my heart. Right now we have 165 people who work over at
the Miami Airlines Arena, who, on December 31 st, face the prospect of losing their jobs if nobody speaks up
for them. And I truly feel that a great injustice has been going on in this City, not only to these workers and
these union members, but to the City administration and to the City Commission itself, and the injustices
have been created by none other than Basketball Properties. Over the last eight months we have peacefully
demonstrated up to the Heat's office, wanting our voice to be heard. We have reached out to various people
in the Heat organization pertaining to our issue as it concerns these workers who sit here before you and,
basically, what's been going on is, we've been having this game of ping-pong. When we marched up to the
Heat's offices, the following day they sat us down with the contractor, Levy Restaurants, who came in and
talked to us and told us that they had no problem entering into an agreement with the union that would give
these workers first preference at jobs and allow them to freely choose a union. They had no problem with
that. They told us that it was totally up to the Heat, Jay Cross, and if that they agreed with it, so would they.
And I think you need to know that this same company, Levy Restaurants, has recently signed the same
agreement that we're asking them to sign in Los Angeles with Staples Arena, and the same agreement that
we're asking them to sign here, but nothing has happened. The Heat said they, you know -- excuse me. Levy
Restaurants said they would get back to us. They never did. Then we would write letters to Jay Cross. He
would never return our phone calls or never address us. And, now, what's going to happen is, on December
31 st this City is going to have 165 unemployed people who are not going to have work, and I don't think that
we should stand for this. These people are real people. They sit Mere before you. They have to feed their
families. You know, to many, this might be a second job or the second job that they need, and we need you
to pay attention to this issue and we need your support on this issue. Not only has Basketball Properties
ignored us, but they've ignored the City Commission, as well. They were required to work with the Office of
71 December 14, 1999
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Work Force Development, which they have not done. They have not complied with their agreement. It's my
understanding that they were supposed to work with the minority business and women's group. They have
not complied with their agreement with them, as well, and they haven't complied with other agreements.
Many of these workers here are disenfranchised workers and, as I said, they desperately need these jobs. And
that's why I'm here today with them, peacefully, not trying to agitate, not trying to make trouble, but we're
just trying to get our voices heard and our issue across to you, that this is very important to them and to the
City, and something needs to be done about it. It needs to be acknowledged. Somebody needs to put — ask
Basketball Properties — it has to be held accountable, most of all. They should be held accountable. There is
no reason why that these workers should not be given the first opportunity to work over in those jobs that are
currently existing in the new American Airlines Arena. None whatsoever. They're qualified; they live in the
area, and they have dutifully worked for the Heat and represented them well over the last 10 years while they
were at the existing arena. So, what I ask today is that the resolution that you have before you, I would ask
that you support it. Well, we sent it to your offices, It should be there. Do we have a copy of it?
Vice Chairman Gort: Did you give a copy to our legal department?
Mr. Balash: Yes, we did. I believe we faxed it over to everybody who was supposed to have gotten it.
Vice Chairman Gort: See, we can take the resolution but we also have to consult with our Legal Department.
They're the ones that have to tell us what the resolution should be.
Mr. Balash: OK, fine. May I address the...
Vice Chairman Gort: 'Sure, go right ahead. Give it to him.
Commissioner Teele: Mr. Clerk, would you mind getting the name and address of all the persons that are
here that would like to be identified, so that we can have a full record as to who was here, please?
Mr. Walter Foeman (City Clerk): Sure.
Commissioner Teele: Just ask them to sign up, if you'd like to. If you don't...
Mr. Balash: OK. Well, before -- we have the resolution now before the Attorney's Office. We thought --
you know, we sent it out to everybody today. You should have had it, and I'll find out why. But we would
urge you to support this resolution and would urge you to understand that 165 people are going to be
unemployed come December 31st, city residents of Miami, and we need your support on this issue.
Basically, what the amendment -- the resolution calls for is that Basketball Properties comply with the
resolution, which was passed here, on our behalf, only several weeks ago, urging them to sit down with the
Union and give these workers first choice in jobs and the freedom to choose a union. Also, that they should
comply with their agreement with the Office of Work Force Development, and they should also comply with
the — their agreement with Minority Women's Group. Thank you very much.
Vice Chairman Gort: Thank you, sir. Thank you very much.
Commissioner Sanchez: Mr. Vice Chair, if I may address,
Vice Chairman Gort: Yes, sir. Commissioner Sanchez.
Commissioner Sanchez: You know, on many occasions we've sat here and have heard my colleague,
Commissioner Teele, really push the First Hiring Source Agreement through many companies that come
forth to the City and want to do business with the City. You know, if you look at our percent --
72 December 14, 1999
unemployment percent in the city, which is approximately six to seven percent, and you concentrated on the
area of the arena, Overtown, which is 50 percent, you know, that's why it's so important to implement such
programs that assure that our residents and many of you who live in the City that work at the Arena -- now
with the Arena not doing as much business because of the Heat moving to the American Arena, the lack of
events will probably cause a reduction of work for you. That is the biggest concern that we have. You know,
our -- the thing that I push and I think every one of my colleagues up here has emphasized is to make sure
that anybody that wants to come do business in the City of Miami, the first document that should be
presented to them is the First Source Hiring Agreement, to ensure that people in our community have a job.
We're not here to decide which union to support or which union not to support, but the importance is to assure
that, if you want employment in our community and there is an opportunity for employment, you should be
given the first right to be employed. So, that's why, when you contacted me -- I have not had an opportunity
to speak to the other party. Usually, I like to hear both sides of the mountain because every mountain has two
sides. But it's just --you know, I want to make sure that a lot of these people that are going to be losing their
jobs or being reduced -- reducing their jobs in the arena are going to be given the opportunity to work at that
wonderful arena that's looking so pretty while it's being constructed. So, that's just my two cents I wanted to
throw in, and your support, to make sure that you're not left out of employment in the city.
Vice Chairman Gott: Mr. Attorney, the resolution, can we move on that?
Mr. Alejandro Vilarello (City Attorney): Commissioner, certainly --I just briefly reviewed the resolution. It
calls for a revocation of the Major Use Special Permit that was issued by the City Commission in 1998. I
urge you certainly not to consider that item today. First, there's no formal notice of this hearing on the issue
and, moreover, it has, as stated, mandatory conditions, things, which I'd be very surprised, that are mandatory
conditions of the Major Use Special Permit. And I would urge you not to consider such a resolution today.
The resolution...
Commissioner Regalado: Mr. City Attorney --just a brief question, Mr. Chairman.
Vice Chairman Gort: Let him finish and then we can ask...
Commissioner Regalado: I just have a question. Is there anyway that we could enforce what we agreed with
the Heat?
Commissioner Sanchez: The first hiring process?
Vice Chairman Gort: We'll get to that. Let him finish. That's the motion we're going to make.
Commissioner Regalado: No, but -- I mean, he said don't do this. I'm asking, is there any way that we can
enforce the First Source Hiring Agreement?
Mr. Vilarello: If they violated valid provisions of the Master (sic) Use Special Permit, certainly, but this is
not something that I've reviewed prior to having been handed this resolution right now.
Vice Chairman Gort: What can we do? I think this Commission here wants to send a message that we don't
want those people...
Commissioner Teele: Mr. Chairman, we've sent messages now, you know.
Vice Chairman Gort: What are the legal matters? You're the attorney. Tell me what you do.
73 December 14, 1999
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_
Commissioner Teele: I would really like to hear from the First Source Hiring, Work Force Development
people. I mean, this is becoming more and more of a problem. We 're not hearing from the Work Force
Development Office until the problem is almost unsolvable. I mean, you know, the Winn Dixie issue is very
fresh on my mind. I'd like for you to tell me something about that today and when that opening is going to be
and all of that. And I would also like to give, as Commissioner Sanchez has said, the Miami Heat an
opportunity or the Levy a chance to respond. Are you representing the Heat or you're representing Levy?
Ms. Lisa Berg: American Airlines Arena, Miami Heat, Basketball Properties Limited.
Commissioner Teele: But see, where is Levy and -- isn't the agreement that we're dealing with really an
agreement -- isn't the hiring party the Levy Company?
Ms. Berg: They're both. But under the First Source Hiring Agreement, Basketball Properties Limited passes
along the obligation along to its subcontractors. I was wondering if it's possible just to respond to some of
the statements that were made.
Vice Chairman Gort: We'll give you a chance in a minute. But one of the things that I'd like to bring up, and
I think Commissioner Teele has been very good at this. We've set conditions when people come in front of
us and we hope that the people are complying with those conditions. Mr. Manager, we have to make sure
that whenever we have any resolution, when we attach certain items to it, that follow up and that people are
complying with it. Because my understanding is, there were certain -- as I recall, when they came in front of
us, there were all kinds of commitments that was part of the approval for the permits that they received and
we've got to make sure that they have those. If not, my understanding is, they will not be able to get a
Certificate of Occupancy, at all. My understand is, if they don't comply with all the agreements, they might
not be able to get a CO (Certificate of Occupancy).
Mr. Donald Warshaw (City Manager): And I think we'd like to put on the record what they've done and,
then, make a determination as to whether or not that's lack of compliance.
Vice Chairman Gort: OK. Yes, ma'am.
Ms. Berg: My name is Lisa Berg. I'm outside employment counsel. I work for Sterns Weaver Miller. We
represent the Miami Heat, Basketball Properties Limited and the American Airlines Arena. I wasn't given
prior notice. When I walked in this morning, I was told I needed to come liere. I'm not a lobbyist. I'm an
employment lawyer, but I do want to respond to some facts because there were some misrepresentations.
First, Basketball Properties Limited has complied with the letter and spirit of the First Source Hiring
Agreement, contrary to what was represented today. BPL (Basketball Properties Limited) has worked closely
with the Office of Work Place Development to ensure that qualified, underemployed City of Miami residents
get first priority in filling positions at the new Arena. We would like to present the specific statistics to you
so you can see there's been a hundred percent compliance. I know that Commissioner Teele is very
concerned with employment for those in the Overtown Community Block Development region, and I assure
you, there's been compliance. Also, we would like the opportunity, since we were not provided sufficient
prior notice, to give you the statistics about ]low many applicants there were at the job fair. Over 50 percent
of the applicants were offered positions in the Overtown Community Block Development area, and the other
Block Development area. I don't have the up-to-date statistics, but I can assure you that, in the Enterprise
Zone, of 506 applicants, 277 were offered jobs. I don't want to present more statistics now because I want to
give you the accurate statistics, but I did want to respond and assure you there's been a hundred percent
compliance and good faith compliance with the First Source Hiring Agreement. Second, the issue of Levy. I
think, you know, we need to give them an opportunity to respond. I'm not going to respond on their behalf.
However, I want to assure you there has been an open dialogue. Bob Kaufman, who is the head of our Labor
Department, spoke with Mark Richards, who's not here, but he's the attorney for the Hotel Employees
74 December 14, 1999
i
Restaurant Employees Union. We found out that -- I want to get you the exact numbers, but Levy extended
17 job offers to former — our Aeromack (phonetic) employees at the Miami Arena. They also extended 26
opportunities to come back for a second job interview and those individuals never showed up. So, in good
faith, Basketball Properties asked Levy if they would again extend that opportunity to interview again in their
good faith effort to try to find jobs for the Aeromack (phonetic) employees. Also, be aware that 34
employees who work for the Miami Arena applied for a position with the American Airlines Arena and
fourteen were offered jobs. So, the impression that these people are unemployed is simply not accurate. But
I would like the opportunity to work with the Human Resource Department, provide you all the statistics. I
think you will be very happy when you see how many jobs we were offering to individuals in the Enterprise
Zone and City of Miami residents.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: Let me just understand some basic facts. Approximately, how many people currently
work at the Arena that are in this classification that we're talking about?
Ms. Berg: You have to forgive me. I don't have those statistics.
Commissioner Teele: Well —but you keep telling us that you're --you know, the issue is a very narrow issue.
This Commission has asked repeatedly -- and we have some obligation here. We -- this city built the old
arena. It, obviously, was not satisfactory for the Heat. People have been working there, and we're concerned
with those persons and ensuring that those persons that have been working at the Miami Heat Arena have an
opportunity. It's my understanding, there's approximately 165 people. Is that a fair number?
Ms. Berg: Yes, sir.
Commissioner Teele: Now, of the 165, if I gleaned everything that you said, you all have offered and
employed, was it 16 or 14? What was that number? I mean, the word sounds good but I want to talk
numbers.
Ms. Berg: OK. I...
Commissioner Teele: There's 165 people that were working there.
Ms. Berg: Right.
Commissioner Teele: And from what you've -- the testimony that you've offered today, I thought I heard you
say 14 or 16 of those persons have been employed?
Ms. Berg: No, no, no. Thirty-four applied for jobs.
Commissioner Teele: OK. How many were employed?
Ms. Berg: Thirty-four employees who worked for the Miami Arena applied for a position with the American
Airlines Arena and 14 of those were offered jobs. And, by the way, these aren't current statistics. Because I
wasn't given the opportunity to get those.
Commissioner Teele: OK. So, fourteen people of the 165 have been offered jobs?
75 December 14, 1999
Ms. Berg: Everyone has the opportunity to apply for a position, and it was understanding that 34 -- but,
again, I want to hesitate. I don't have the current statistics. I was not given an opportunity, and I — please, I
don't want to misrepresent that facts.
Commissioner Teele: And I respect that. And I realize and I appreciate very much you taking the time to
come down today.
Ms. Berg: OK.
Commissioner Teele: But i did want to make sure that the record is clear, that there are approximately 165
families that we're concerned about and, of them, we can account for approximately 14 of them.
Ms. Berg: And then there were 12 Aeromack (phonetic) employees, and I think three offers were made to
those.
Commissioner Teele: OK. If I could, please. You've also testified repeatedly that you all have cooperated
one hundred percent with the Office of Work Force Development. Have you been personally involved in
that?
Ms. Berg: I'm not personally involved in that.
Commissioner Teele: Do you have personal knowledge of this one hundred percent cooperation?
Ms. Berg: No. They've worked closely. I don't have personal knowledge.
Commissioner Teele: But I just want — I want to understand what your testimony is.
Ms. Berg: OK.
Commissioner Teele: So, do you have any personal knowledge that you all have one hundred percent
complied, personally.
Ms. Berg: I don't have personal knowledge.
Commissioner Teele: OK. Could we all, then, listen to the Office of Work Force Development? I have no
idea what they're going to say. I really don't.
Ms. Berg: I do want to make one disclaimer. I was not prepared to come today. I'm only employment
counsel. I'm not a lobbyist. And the last minute notice we were provided. I'm here just to try to help you. I
think it would be more fair if we were given the opportunity — and, please, forgive me — to give you the
statistics. I'm afraid that I'm not giving you the accurate statistics, though. I would like the opportunity for
Basketball Properties to provide you that. And I don't want to get in trouble because I'm misrepresenting the
facts, OK?
Commissioner Teele: OK. And I certainly don't want to get you in trouble. And, again, I appreciate you
coming down. And I also recognize the fact that the principals, you know, are well aware of the fact that this
issue is not something that is just coming up. It has been on this Commission agenda virtually every time
we've met for the last two months. So, this is not like the first time it just sort of came up. But if I could, Mr.
Chairman, could you let the Manager's Office of Work Force Development give us what the real facts are,
straightforward and unblemished?
76 December 14, 1999
Vice Chairman Gort: Yes, sit. Yes, ma'am.
Commissioner Regalado: Mr. Chairman...
Vice Chairman Gort: Commissioner Regalado.
Commissioner Regalado: ...before that, can I ask you a question? I'm sorry. Do you have authority to
respond in terms of -- if I asked you, are you going to employ some of these ladies and gentlemen, can you
say yes or no? Do you know of any plans right now by the Miami Heat or Basketball Properties to employ
any of these people?
Ms. Berg: If they applied for a position?
Commissioner Regalado: If they leave here now, go there and apply right now, today, this afternoon -- I
mean, as an attorney for the company, do you think that it's possible or that it's feasible that some, other than
the 14 that have been offered jobs, that these people would be able to work in the arena?
Ms. Berg: Yes. One thing I have to stress is that their priority is to comply and give first priority to residents
in the Overtown Community Development Block Grant areas. And the second priority to residents of
Community Development Block Grant target areas.
Commissioner Regalado: Right. A hundred and sixteen are from the Overtown area.
Ms. Berg: Right.
Commissioner Regalado: So, I'm asking...
Vice Chairman Gort: Commissioner?
Commissioner Regalado: ...have you heard of any plans -- have you heard anybody talk that they're going to
hire some of these people?
Vice Chairman Gort: Commissioner, I think we can simplify this a minute. Let me ask you a question. Of
those people former employees, employees of Miami Arena, how many of you applied for jobs at the new
Arena? You all applied for jobs? And what were you told?
Commissioner Regalado: No, they didn't. Not all of them raised their hand.
Commissioner Teele: But, wait. They just put their hands up.
Commissioner Regalado: I know. I know. But, see, 116 of the 165 are Overtown residents -- Miami
residents. So, I'm asking her whether -- if we want to go by the book, if we want to comply with the First
Source Hiring Agreement, these 116 people would qualify because they do live in the city. They do live in
an impacted area. If they were to apply, would you give them a job, yes or no?
Ms. Berg: They have to go through the application process and have to be qualified for a position. And I'm
not really authorized. I don't make the hiring decisions. Forgive me.
Commissioner Regalado: That's what I asked. If you were authorized.
77 December 14, 1999
11
Vice Chairman Gort: The answer is no.
Commissioner Regalado: The answer is that you don't know?
Ms. Berg: Yes.
Vice Chairman Gort: No, She doesn't have the authority.
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Yes.
Commissioner Teele: I think it's very important that we hear from -- and I don't know -- have any idea what
the Manager or the First Source -- but I think we need to get this -- because my position is going to be colored
largely based upon whether or not there's been compliance because we do a lot of talk and we do a lot of
self -congratulating and patting ourselves on the back, but I don't think anybody takes us as seriously as we
take ourselves, so...
Vice Chairman Gort: Yes, ma'am.
Ms. Gwendolyn Warren: Gwendolyn Warren, Director for the Department of Community Development, and
one of our divisions is the Office of Work Force Development. Joni Jones -Harris is the Assistant Director of
Community Development and oversees Work Force Development. But just to give you a little historical
background, and Joni can talk specifically about what the process has been to date. But the City of Miami
entered into a First Source Hiring Agreement with BPL on February 24, 1998. The contract that we entered
into spells out the relationship that the Office of Work Force Development will have with BPL in
coordinating the training and referral of city residents, those who are in the Community Development target
areas, to jobs created at the Miami Arena. There were hvo -- in the contract it talks about two phases, the
construction phase and the operational phase. During the construction phase, it was estimated that some
2,500 jobs would be created as a result of the construction that was occurring at the Arena. Based on a report
that has been provided us by the arena staff, there have been some 650 jobs that they indicate are City of
Miami residents. Tile Office of Work Force Development can verify that 83 of those individuals were
referred and hired through programs that are operated through the city's program. The second phase, as you
know, is the operational phase. The individuals here in the audience would be participating in getting the
ongoing and reoccurring jobs. Just to give some highlights based on what the Commissioners' concern is,
which is how is the implementation of the agreement. It has been rough. This is the first time the city of
Miami has had a First Source Hiring Agreement on the books since '82. In 1987, in December, if I recall,
when the arena was up for negotiation, the City Commission revised its First Source Hiring Agreement
because the language was not very specific. You broadened how we would monitor it, implement it, and how
we would do oversight. Because of this particular project, we've used it as a model going forward. It has
been very difficult because of the size of the project and because of the time frame to control -- there weren't
implementation procedures. Again, it was the first time we did a project of this magnitude. I would say that
the process, under the construction phase, there are a lot of things that need to be enhanced and improved.
The coordination, I think, on the part of -- the communication was lacking. The notification, within five days
of openings, most of time did not occur. There have been many efforts on the part of City staff and the arena
staff to meet and to coordinate it but, again, given the rapid speed of the construction phase, I think really
we're now at a point where we have some control mechanisms. I think the key issue that the Commission
intended with the First Source Hiring Agreement was to be able to get the reoccurring jobs that's estimated to
be twelve hundred, and I think that one of the problems with the First Source Hiring Agreement is its
enforcement qualities, and I think that the City needs to speak to that. And, also, the jobs that are going to be
78 December 14, 1999
reoccurring are happening right now and I think it's germane at this point that we talk about the ongoing jobs,
not those that were in the construction phase, and I think things have gone well but not well enough.
Commissioner Teele: Mr. Chainnan, what are we talking about? We are not talk -- this is not about
construction jobs. This is about one narrow issue...
Ms. Warren: There have been no.
Commissioner Teele: ...and I really think we ought to focus in on the narrow issue. You've heard the
representations repeatedly, that we have one hundred percent complied with the First Source Hiring
Agreement on the reoccurring jobs. Has the Miami Heat Organization one hundred percent complied on the
re -- forget the construction jobs. Those jobs are gone. i don't mean that forget it. I apologize for saying it
like that. We're talking about the reoccurring jobs. They haven't opened this Arena yet. They don't have a
Certificate of Occupancy. You know, they don't have a lot of things that they need from the city. Now, at
some point, we're going to figure out how to get all of our horses together and the lawyers and the
management and the Commission and the Mayor and everybody will be able to focus in on this one issue:
Have they complied with the reoccurring issues related to the First Source Hiring Agreement?
Ms. Joni Jones -Harris: Joni Jones -Harris, Assistant Director of Community Development, responsible for
Work Force Development. The answer to your question, Commissioner Teele, is no, not fully.
Commissioner Teele: OK. No, not fully. So, at least we know that everyone is going to have their own
interpretation. What is it they've not done? What can we do to help them hire these 165 people? These are
families. This is Christmas. This is a holiday. Hanukkah, New Year's. What are we doing here to avoid
being the Scrooge of the Millennium?
Ms. Jones -Harris: There are several things that I think are going to be key components to bringing about full
compliance with the First Source Hiring Agreement. One is the notice of the jobs that they have available.
We are still not being given lists of what the positions are that they have available, when they're going to be
hiring, and what the requirements are. So, a lot of times they'll tell us well, we have a position, say,
hypothetically, for a cook, OK? But we don't know what the requirements are for those cooks so that we can
convey that to clients that we would be serving and residents that we would be serving. The other thing is
that I am not certain how it is that they are attracting the people that they are hiring. We had talked about the
possibility of using Work Force Development as a cog in the wheel, through which all of the positions and
vacancies that BPL and its subcontractors, which would include Levy, et cetera, would have come to through
office and to use our office so we would know clearly what number of positions they have, what the
requirements were, et cetera. And the other thing is that, even if we were to come up with a wonderful
system on the front end — and we have tightened many of the requirements and many of the logistical issues
that we hadn't tightened initially in going into this agreement. We've been in some meetings and it comes
down to the point of, if we don't, then what? And so that means...
Commissioner Teele: What are you saying, if we don't? If who don't?
Vice Chairman Gort: If they don't comply, what are we going to do?
Ms. Janes -Harris: Exactly.
Commissioner Teele: Who says that? That's been the discussion at the meeting.
Ms. Jones -Harris: We've gotten to that point, yes. >;
79 December 14, 1999
Vice Chairman Gort: Yes. OK. Could you — could you allow me for a minute?
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Let me ask a question.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Wait a minute. Let me ask a question. Let me have the privilege of Vice Chairperson.
There are two things in here that we have to look at. In the First Source Hiring, I think we are asking to be
residents of tine City of Miami. The problem here might be a little different. We have a hundred and
sixty-five people that have been employed by them; they have been working with them, and some of them
might not be residents within the City of Miami or are they all residents of the City of Miami?
Unidentified Speaker: Small percentages are not.
Vice Chainnan Gort: But there are some that are not residents of the City of Miami. So, this is something
that we need to address. Now, my question is, these people have been working for them for 10 years. They
already have the experience. They are used to working with them. I think they should give them the first --
the opportunity to go ahead and get their jobs back. My understanding is — and Madam Attorney -- my
understanding is, all of those individuals applied and, for some reason, although they had the experience and
they have been working for you all for ten years, they were not given the jobs. According to them, they all
applied. So, there is a lot of misinformation here. There's a lot of things going back and forth. Mr. Manager,
I think we have a problem here. We need to deal with it. Mr. Attorney, Mr. Manager, if you all allow me.
What can we do to make sure that we are complying with this? Because let's face it -- and I think Teele is
correct in this. We have people that come in here with set conditions and the resolutions and amendments
and, yet, we lack tine enforcement to make sure that those are enforced. Somehow, there was an agreement --
and I don't recall all of it because the document was presented to us -- and they agreed about a year ago to
comply with certain things. We need to find out if they have complied with those things. If they had not
complied with it, they cannot get a CO (Certificate of Occupancy) and that's the bottom line.
Mr. Alejandro Vilarello (City Attorney): Can I address...
Commissioner Regalado: Mr. Chairman, just one tiling. My question to the City Attorney several minutes
ago was, you know, what are you going to do if they do not comply with the First Source Agreement? Now,
we are told by the director of a department that should be involved that now — meaning, now, today or this
week -- we have more control than we had in the past. We are told by tine Assistant Director that the
conversations had gotten to a point where it say, "Well, if we don't, what?" Now, you know, I think that the
City is at fault here; that the administration has not tried to make these people comply. Now, we don't want
to rain on anybody's parade and close down the Arena, but -- I mean, everybody is at fault here. The
administration did not inform, not the Commission but the City Attorney, to file suit or whatever you needed
to do to stop this situation and to remedy this situation. Now, a week from now they're going to open the
Arena and we want to do right, There is 116 out of 165 that live in the City of Miami. They all have
experience. Apparently, they will not be hired, but that's what we've been told here. So, my question is,
legally, are you going to file suit? Are you going to do something legally to make them comply with that
agreement or is that an agreement that wasn't binding?
Mr. Vilarello: Commissioner, as part of the Major Special Use Permit that this City Commission authorized,
there were certain conditions, including the execution of the First Source Hiring Agreement. If this City
Commission wants to deal with the issue of whether or not there's been compliance with that agreement or
compliance with any and all other conditions of that permit, my recommendation to you is that we set a
80 December 14, 1999
hearing down with due notice to Basketball Properties so that they can have an opportunity to hear the
evidence that's presented, as to why they have not complied with the conditions of the special permit. At that
point, the City Commission may have certain remedies, which I don't necessarily want to go into complete
detail now, because they have not complied with all the conditions of the special permit. And that could
include the certificate...
Commissioner Regalado: Well, I'm taking the words of the Work Force Development Director. She says no,
they have not complied, and that's what we have to take word. So, my motion will be to convene a public
hearing so the Commission could take action and simply take care of the business.
Mr. Vilarello: Well, Commissioner, my recommendation is that if you convene the public hearings, you
allow both sides to present evidence to you and, at that point, after the presentation of the evidence, you come
to a conclusion.
Vice Chairman Gort: Question: How much notice you need to convene a meeting? Legally, how much
notice do you need?
Mr. Vilarello: Neither the First Source Hiring Agreement, nor the special — the Major Use Special Permit has
any specific date. I assume, if you allowed at least seven days' notice, we can provide...
Vice Chairman Gort: Seven days.
Mr. Vilarello: For advertising, 10 days' notice, Commissioner.
Vice Chairman Gort: I'm just looking for the next day we can have the meeting, so we can expedite this. So,
we could have it for next Thursday?
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: That's the 23rd. I mean — you know...
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: I think the message should be sent to the corporation. Yes, Mr. Teele. Commissioner
Teele.
Commissioner Teele: Mr. Chairman, I would ask the attorney, will you allow a motion that determines the
sense of this Commission that compliance with the First Source Hiring Agreement is material and an
essential part of the Special Use Permit, right here and right now? I mean, we can resolve that here and now.
Mr. Vilarello: Yes, sir, that would be an appropriate motion.
Commissioner Teele: OK. So, at the right time, I would like to frame a motion that resolves, on behalf of
this Commission...
Vice Chairman Gort: Go ahead.
Commissioner Teele: Thank you, Mr. Chairman. 1 would so move that this Commission hereby resolves
that the compliance with the First Source Hiring Agreement to be a material component and part of the Major
Use Special Permit that was previously granted, and the failure to comply is deemed a material breach in the
agreement.
81 December 14, 1999
Vice Chairman Gort: Is there a second?
Commissioner Regalado: I'll second that. But I want to know when is that major permit issued — I mean,
when it would by issued? Mr. Manager?
Vice Chairman Gort: It's been moved and second. Discussion?
Commissioner Regalado: Second.
Vice Chairman Gort: It's been second. Discussion. What was your question?
Mr. Vilarello: Commissioner, the...
Commissioner Regalado: Question was when...
Mr. Vilarello: It has already been issued.
Commissioner Regalado: It has already been issued.
Mr. Vilarello: A TCO (Temporary Certificate of Occupancy) has been issued, but the Certificate of Use has
not.
Commissioner Regalado: OK. When is the Certificate of Use going to be issued?
Vice Chairman Gort: When they comply with everything that we requested. If they don't comply...
Commissioner Regalado: No, no, no. But if they don't, can they open for...
Vice Chairman Gort: No.
Commissioner Regalado: Forget...
Vice Chairman Gort: No.
Commissioner Regalado: Forget about the 3 I s`
Vice Chairman Gort: Tomas, they cannot open if they don't have a CO.
Commissioner Regalado: Not on the 3151.
Vice Chairman Gort: They can't open.
Mr. Vilarello: Not on the — is that -- I was told that they cannot do the Basketball games, but thecan do the
Millennium party. y
82 December 14, 1999
{
2+
Mr. Vilarello: Commissioner, staff needs to answer exactly what they have. My understand, they have a
TCO whether it covers the entire Arena or a portion of it, they would have to describe that for you.
Commissioner Teele: What's a TCO?
Mr. Vilarello: Temporary Certificate of Occupancy. I'm sorry.
Mr. Warshaw: Temporary Certificate of Occupancy.
Commissioner Teele: They have an occupancy already?
Mr. Warshaw: They have TCO as of last week, yes.
Commissioner Regalado: Temporary.
Mr. Warshaw: Temporary.
Commissioner Regalado: You said temporary.
Commissioner Teele: Who issued that document?
Mr. Warshaw: Building Department.
Commissioner Teele: Did they check with the -- here again, I just want to know, did they check with Work
Force Development prior to issuing that?
Mr. Warshaw: I don't know if there's a relationship between the issuance of the TCO and the Work Force
Development.
Vice Chairman Gort: There's not. There's not.
Commissioner Teele: I thought the whole issue here is the Certificate of Occupancy means that they've
complied with all the terms of the Major Use Agreement.
Mr. Vilarello: It's a Temporary Certificate of Occupancy.
Mr. Warshaw: Let me just —Commissioner, respectfully.
Vice Chairman Gort: Go ahead.
Mr. Warshaw: For the record. In talking...
Commissioner Teele: I want to carry my motion. I think --I don't want to get sidetracked.
Vice Chairman Gort: OK.
Commissioner Teele: I would very much like to carry this motion that determines, on behalf of the
Commission, that we're serious and that we view the First Source Hiring agreement as a material part of our
agreement, and I would-
83 December 14, 1999
Vice Chairman Gort: Okee Doke. It's been moved. There's a second. Any further discussion? Being none,
all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: Pass. Unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-945
A MOTION OF THE CITY COMMISSION HEREBY RESOLVING THAT
COMPLIANCE WITH AMERICAN AIRLINES ARENA FIRST SOURCE
HIRING CONTRACT (A CONDITION OF RESOLUTION NO. 98-99) IS
A MAJOR PART' OF THE MAJOR USE SPECIAL PERMIT
AGREEMENT; FURTHER STIPULATING THAT A LACK OF
COMPLIANCE WITH THE AFOREMENTIONED IS A MATERIAL
BREACH.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you. That takes care of.
Mr. Warshaw: Commissioner, respectfully -- and we're putting in another call, second call, to Jay Cross, and
get the very updated numbers. And let me just say for the record a couple of things. The First Source Hiring
Agreement addresses the hiring of City of Miami residents.
Vice Chairman Gort: That why I asked the question a little while ago.
Mr. Warshaw: Not only the issue of whether this group in here are City of Miami residents and, certainly, I
sympathize and know many of them, having been a Heat season ticket holder for many years, and I agree
they should get, you know, these positions and certainly should be considered. What I want to get from the
Heat is the statistics of how many city of Miami residents have been hired, because if they are hiring city of
Miami residents but they are not from this core group, then they are adhering to the spirit of that agreement,
and those are the numbers that I wish the attorney representing...
Commissioner Teele: That's not the agree agreement that I passed, but I mean, if that — Mr. Attorney, that's
not what I understood.
Mr. Vilarello: The agreement actually...
84 December 14, 1999
Commissioner Teele: The agreement — that is not the spirit of the agreement. The spirit of the agreement is
that they would hire first from the area, the contiguous area where it is from. That's the first thing. And, then,
secondarily, they would hire -- but on the point — and, Mr. Manager, we're in agreement. I hope you will take
note of the Commission resolution. I would like to ask the Office of Work Force Development, have you all
met with the 165 persons? Do you all have the 165 persons in your files? And can -- I mean, maybe what we
have is a failure to communicate or something. Can you all forward the 165 names over to the Miami Heat?
Do you all have the files on them?
Ms. Jones -Harris: Absolutely, Commissioner Teele. We have done an outreach recruitment to include all of
the members. We actually went to the Miami Heat arena one day with our mobile assistance center to begin
to certify all of those persons that would qualify through our department.
Commissioner Teele: So, of the 165 that were working there, do we have a good feel for them, for the 165?
Ms. Jones -Harris: Out of 165, over a hundred of them showed up. Yes. We know who they are. We have
addresses. We've sent them follow-up correspondence.
Commissioner Teele: Can we ask the union to make sure that the 165 persons that are residents of the City of
Miami, that all of those files go over to our work force development and that they can work from their angle
also with the Miami Heat Organization to try to get these persons employed? Because 1 thought our
resolution before, which is subsequent to the first source hiring agreement, is that we all resolve that the 165
workers would be given preference in hiring. Have we moved that, Mr. Attorney?
Ms. Warren: You had a second resolution that did direct that they be given prior consideration.
Commissioner Teele: So, that goes to the issue that I think, you know, the Manager and you all need to
coordinate, is that this Commission has spoken twice on this issue.
Ms. Warren: Yes, sir.
Commissioner Teele: First, we spoke through the First Source Hiring agreement that says that we are urging
or we're requesting that the persons in the community development area that are contiguous to this area be
given first hiring preference and, secondarily, that persons in any community development area, anywhere in
the city of Miami, be given preference in hiring.
Ms. Warren: Correct.
Commissioner Teele: That was the first issue. Then, the second issue is that they came back and we then
passed a resolution requesting that the 165 persons be given preference to other persons in the hiring as a part
of the First Source Hiring agreement. So, we've spoken on this issue twice. And I mean, at some point, I
want to understand how this ties into all of these special use permits and these special temporary permits and
all of that. It's the right hand talking to the left hand or it's just the building department looking at the building
issues and the work source development office worrying about the work source development. Huh?
Vice Chairman Gort: That's it.
Commissioner Teele: OK.
Ms. Warren: And you have a third issue.
85 December 14, 1999
q f1-
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Vice Chairman Gort: There's no communication. I mean, that's why I'm saying, we have to make sure
whenever we have resolution here, that you got that --,you have to bring all the departments together to make
sure before you do the certificate that they are in compliance, if requirements. they are in compliance with all the
Commissioner Teele: See, that's why I thought you, had all these...
Vice Chairman Gort: Because there was quite a few.
Commissioner Teele: ...Assistant Managers and all that. I mean, I thought the whole issue here was
coordinating to ensure that the right hand knows what the left hand is doing.
Vice Chairman Gort: OK. Well, we hope we get the message and they get back to us. Thank you,
gentlemen, and...
Commissioner Regalado: Wait, wait, wait.
Commissioner Teele: I think Commissioner Regalado has a motion, and I'm prepared to second his motion.
Vice Chainnan Gort: What's his motion?
Commissioner Teele: I have no interest in ruining my Christmas, New Year's, Hanukah holidays, but I will
tell you this: If we've got this number of people that are out of work, we all are going to have to basicall -
make a commitment and it's not going to go away. }
Vice Chairman Gort: My understanding is -- and correct me if I'm wrong — we need seven days before we
can call another meeting or can we call an emergency meeting...
Commissioner Teele: No. We call a meeting now for seven days from now or whatever.
Mr. Vilarello: Commissioner...
Vice Chairman Gort: That's what I'm saying, yeah. But I want to know how — I'd like to have it tomorrow,
if possible. If we can legally do it tomorrow, what's the soonest we can have this meeting?
Mr. Vilarello: We should provide some advertising. That's why I corrected to say 10 days.
Vice Chairman Gort: What's the soonest we can have this meeting? We can advertise tomorrow.
Mr. Vilarello: Ten days.
Vice Chairman Gort: It has to be 10 days? Can't be less than 10 days?
Commissioner Teele: So, that's after Christmas, in effect, huh?
Vice Chairman Gort: Come on. Give me a break.
Mr. Vilarello: City Clerk does the advertising.
Vice Chairman Gort: I need to work it — well, if there's no...
86 December 14, 1999
Commissioner Teele: Well, 10 and 14 is 24.
Vice Chairman Gort: You call the papers today; they can put the ad by tomorrow or the day after tomorrow.
Mr. Walter Foeman (City Clerk): No, I need two working days to place an ad. I need two working days.
Vice Chairman Gort: Why?
Commissioner Regalado: Do it on Friday, Friday afternoon.
Vice Chairman Gort: Can we have it Friday? Can we have the meeting on Friday?
Commissioner Teele: You're talking about Friday, the 17`".
Vice Chairman Gort: Yes.
Commissioner Teele: Why not Tuesday, the 215`, is that...?
Vice Chairman Gort: I don't have any problem. I like to give some lead-time so that if there are things that
needs to be done, they can be done before the 31 st.
Mr. Foeman: The paper requirement is at least give them two business days in order place the ad. So, if I
were to place the ad — if you make a motion to have it for a meeting for Friday, I would have to have an ad to
the newspaper by tomorrow, tomorrow noon.
Vice Chairman Gort: Fine.
Commissioner Teele: Friday.
Vice Chairman Gort: You can have it — can we -- Friday morning, not in the afternoon, guys.
Commissioner Teele: Friday morning.
Vice Chairman Gort: Friday morning, 9:30?
Commissioner Teele: 11 o'clock, 10 o'clock.
Vice Chairman Gort: What, 9:30...
Commissioner Regalado: Nine thirty would be fine with me.
Vice Chairman Gort: OK, Friday at 9:30 we'll have the special meeting, OK..
Commissioner Winton: And is this...
Vice Chairman Gort: Friday, the 17"'.
Commissioner Regalado: This Friday.
Commissioner Sanchez: Let me consult with my...
87 December 14, 1999
0
Mr. Vilarello: I'm not quite sure, Commissioner, what notice requirement that would provide. I mean, if we
could get the ad in that quickly, I would likee to at least give seven days' notice to the holder of the permit
before we proceed with the hearing on this matter.
Commissioner Teele: This is...
Commissioner Sanchez: This is tough.
Commissioner Teele: This is tough.
Commissioner Regalado: That's what you say, but I --you know, I still think that the city has a responsibility
here because you were not informed that they were not complying with the first source hiring agreement and
you should have. The issue here is 116. It's 116, 161 -- 165 and 116 are Miami residents. That's what you
told me, right?
Mr. Balash: Correct.
Commissioner Regaladr So, the issue here is 116. I'm sorry, not 165.
Mr. Balash: Mr. Vice Chair, if I could...
Vice Chairman Gort: Guys, what do you want to do? When can we have the meeting? Hello.
Commissioner Teele: Mr. Chairman, May I ask Mr. Rollason one question?
Vice Chairman Gort: Yes.
Commissioner Teele: Mr. Rollason, you issued this temporary — what do you call it?
Mr. Rollason: TCO, Temporary Certificate of Occupancy. It's issued by the building official and it has been
issued last Friday.
Commissioner Teele: Did you issue this after conferring with the Office of Work Force Development or any
other office?
Mr. Rollason: No, we did not.
Commissioner Teele: Can you revoke it?
Mr. Rollason: You can revoke it under the south Florida building code for reasons that are construction
related or life safety issue items. That is what that is now. If there is something contractual in the contract
with them that says they have to have certain things before they can get a TCO, that may be another issue.
But as far as the building department, there are only specific things that that can be revoked for.
Commissioner Teele: Well, what can they do with that? Can they open up on New Year's Eve with this?
Mr. Rollason: Yes. They will be under the TCO when they open. They will not be able to be ready for their
CO until probably February or March of next year for their Certificate of Occupancy. But they are operating
under a TCO. They have a letter that they have given us, and there are certain requirements that they have to
meet by the 3 1 " for us to allow that concert to go forward, and not revoke the temporary CO, but they are all
construction -related items.
88 December 14, 1999
Commissioner Teele: Well, let me just say this. I'm not going to speak for any union, but a number of unions
have called me on this matter and indicated that if the hotel bartenders union, if this union establishes a picket
line, they will not cross this line. Now, I don't know how you're going to have all of these electrical workers
and all of these safety people that you are all expecting to have now. Do they have to have any number of
safety people there as a part of that TCO?
Mr. Rollason: When we get to the — when we get probably close to the 18°i — we are meeting on a regular
basis with them, with the contractor and with Bill Syn, who represents Basketball Properties.
Commissioner Teele: Yeah. But, here again, this is a typical corporation. I mean, no company in America
would have one division meeting with and the other division saying that no — I mean, how do we bring these
issues together, Mr. Attorney? I mean — this is the City of Miami. This is not the Building...
Commissioner Winton: Well, the horse is already out of the barn, I mean. So, I think — you know, it seems
to me we've got to focus on what we're going to do moving forward. We can't do anything about what they
didn't do to get here.
Commissioner Sanchez: Right.
Commissioner Teele: I understand. But if we have regular meetings going on with the Building Department
and no meetings going on with the — you wouldn't run your company like that. I wouldn't run my company
that way.
Commissioner Winton: No. And I'm not suggesting that for a minute. I think you're absolutely, a hundred
percent right. I'm just suggesting that — right.
Commissioner Teele: Somebody ought to figure out how to get everybody in the same room with all of the
issues, including the lawyers.
Commissioner Winton: And that's a subject that we all need to take up and address, but for purposes of
today's discussion, to move this thing along, we've got to focus on this issue of what our next steps are going
to be or we'll sit here and talk about what they haven't done for another hour.
Vice Chairman Gort: I think we need to discuss...
Commissioner Teele: Well, I think one of the things that needs to happen is that the Management — all of the
management people that are meeting with the Miami Heat need to meet in one meeting and not have all these
different meetings going on. And I think one of the issues is that we — whether they met like that in the past
or not is not the issue. As we go forward, I would really hope that there would be an assistant Manager or
someone that has the ability to convene the various department heads and say, let's make sure that all of the
Miami Heat issues, the Solid Waste issues, the Public Works issues, all of these issues are taken up in one
meeting, as opposed to have these sequential meetings and we're going to get beat down.
Vice Chairman Gort: And before they issue the certificate, they should make sure that they are complying
with the conditions set forth by this Commission or by the administration.
Commissioner Sanchez: Art, I agree with you, but just —you know, we've got to be careful how we send this
message out. I mean, we really have to be careful how we push this forward. I'm sure everybody up here
wants you to have employment in that arena, but I just think that we need to be cautioned how we do it.
89 December 14, 1999
Commissioner Teele: I don't have any vested interest.
Commissioner Sanchez: Or employment. First to have employment. I'm not saying in which arena, but
employment. But the thing is — and I'm -- after listening to all conversations, I think that we need to be careful
how we send that message across because basically, what's going to happen is, you're going to frighten -- a
lot of investors are going to come in with how we're expressing ourselves here. i just...
Commissioner Teele: But, you know, I've got to tell you something, Joe. This is City -owned land. The City
work — you know, this is — we have got to be careful. When Ave were dealing with Winn Dixie that was
private land. That was city land, too. You know, this is — the last time you all came up here from Work
Force Development you said this is the first time. The last time you came here, there was a Winn Dixie issue.
That was City -owned land. So, I stand corrected. I think there is a different standard when the City
government makes its resources available, even though we sold it.. The same thing would be true as it relates
to the Knight Center. If we were to sell it, we need to make sure that we sell it with the kinds of conditions
that protects the citizens of this community. And if somebody doesn't want to do business with the City on
property that we own and the conditions that we have, then so be it. But I think we have been extremely -
I'm the guy who moved and gave these people a million dollar concession just a — not you all — but just a
couple of weeks ago. We gave them the Miami — that arena, that slither of land, which serves us no purpose
and, quite frankly, it's a nuisance the way it's constructed. We gave them that concession. They didn't pay
one dollar for it.
Vice Chairman Gort: Gentlemen, gentlemen. We're on Item 10. We still have Planning. We still have 50
some items. My understanding is, we were to have a special meeting. That special meeting will give an
opportunity for them to come here, tell us that they are complying or not, and what they are willing to do to
comply with it. My understanding is, what is the sooner we can have this meeting?
Mr. Vilarello: Commissioner?
Vice Chairman Gort: Come on, can somebody give me an answer?
Mr. Vilarello: Commissioner, we...
Commissioner Sanchez: Friday. Friday is fine. I looked at my schedule.
Vice Chairman Gort: Friday, 9:30. OK.
Mr. Vilarello: We can provide specific notice to the holder of the permit.
Commissioner Teele: The Attorney has concerns about Friday. He said give him a week -- give him a one -
week notice, so a week from today is the 21 ', is what the attorney is saying.
Mr. Vilarello: The 10 days was based on die advertisement. The City Clerk says he can put a notice in and
get it in the newspaper by Friday. We can give specific notice to the Heat or to the Basketball Properties if
you wish to proceed this Friday. I think we can accomplish...
Vice Chairman Gort: I think their attorney their attorneys are here that are represented by the attorneys. t
Listen to what we're saying. At the same time, I think this is something we need to look into. Because if I f ''
pick up my phone right now, I can get an ad today, and I can get it in tomorrow. So, somehow, we need to do
something so we can expedite some of those...
Mr. Foeman: The rule of thumb, Vice Chair, has always been, to me, two business days.
90 December 14, 1999
iS
W590
Vice Chairman Gort: Well, if they can't do, then we get some other sources. I mean, I think it's 27 different
publicity — publishing companies in here that can take the ad. My understanding is, it doesn't have to be with
any specific media.
Mr. Foeman: But what I'm trying to say is, as far as the print media, the earliest they would get it would be
tomorrow anyway because the office is closed at around 12 o'clock, twelve or 2 o'clock. So, I would — the
earliest I could get an ad to them would be tomorrow, and that would — which would run Thursday.
Vice Chairman Gort: OK. You guys want to do it next Tuesday, the 2 1 " then? Is that what you want?
Commissioner Regalado: It's fine with me.
Commissioner Teele: I want to make the attorney comfortable with this.
Mr. Vilarello: Commissioner, if we can put an ad in the newspaper some time before Friday of this week, I
can provide specific notice to Basketball Properties for a hearing on Friday on the issues that will be
presented before the city Commission.
Vice Chairman Gort: Do I have a motion...
Commissioner Regalado: Mr. Chairman, Friday...
Vice Chairman Gort: ...on Friday at 9:30 in the morning? Yes.
Commissioner Regalado: ... 5o'clock or 5:30?
Vice Chairman Gort: No, I can't.
Commissioner Regalado: I cannot do it in the morning.
Vice Chairman Gort: Nine thirty.
Commissioner Regalado: Nine thirty in the morning.
Vice Chairman Gort: Nine thirty in the morning.
Commissioner Regalado: Friday?
Vice Chairman Gort: Yes.
Commissioner Winton: And I have a question.
Vice Chairman Gort: Yes.
Commissioner Winton: Are we going to limit this meeting to this one issue?
Vice Chairman Gort: That's it.
Commissioner Winton: No other issues. None, zero, zip.
91 December 14, 1999
0
CID
Vice Chairman Gort: That's it.
Commissioner Winton: Thank you.
Commissioner Regalado: You can by law. You can. You cannot do any other issue.
Commissioner Winton: Well, I want to make sure.
Vice Chairman Gort: OK. Are we all agreement on Friday at 9:30 in the morning?
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: OK. No further discussion. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-946
A MOTION SCHEDULING A SPECIAL CITY COMMISSION
MEETING TO BE HELD ON FRIDAY, DECEMBER 17, 1999,
BEGINNING AT 9:30 A.M., FOR THE PURPOSE OF CONDUCTING
AN EVIDENTIARY PUBLIC HEARING REGARDING THE FIRST
SOURCE HIRING AGREEMENT COMPLIANCE BY BASKETBALL
PROPERTIES AND LEVY RESTAURANTS AT THE AMERICAN
AIRLINES ARENA.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Vice Chairman Gort: Thank you.
92 December 14, 1999
; 3 ti R fi �' t�RDINANCE A `; CODE SECTIONS . 21 A�tD i���►t5tilT ANC I��ACE O1F 1V�1T1(I,f;. C
HANot
'' +C+fSSItl1V IVt>�ETIY�IGS1EAI. )�E I1L11;<ROtVI
'1[ SAfi 'S A ' ` �0�1)0 AM TO THMS�Ai'S AT 9.,3 AM ; FIJ�TI�ER DIRECTING T14AT
OTOdot ITEM$, HE -SCHEDULED AT 9:20 AM, OR TEN MINUTES PRIOR TO THE
CO NM11INT OF REGULAR CITY COMIV7ISSION MEETINGS:
Commissioner Teele: Ten -A.
Vice Chainnan Gort: Ten -A.
Vice Chairman Gort: This is the — establish the Office of City Clerk Passport Acceptance Facility. Please,
we've still got a lot of items. Keep it quiet. This is a request of the budget of eighty-six thousand four
hundred and fifty-eight point twenty-five. Do I have a motion?
Commissioner Teele: Mr. Chairman, there's a 10, a I OA, 1 OB and a 1 OC.
Mr. Walter Foeman (City Clerk): Yes.
Commissioner Teele: Ten is an emergency ordinance amending the City on the time and place of meetings.
I think this moves meetings from Tuesday at 10 a.m. to Thursday at 9:30 a.m. Is that...
Commissioner Regalado: That's what we discussed the other day.
Commissioner Teele: Would the City Attorney read the ordinance?
Vice Chairman Gort: No. Wait a minute. My I OA says "Office of the City Clerk Passport..."
Commissioner Teele: They've got a 10 and a I OA.
Commissioner Regalado: No. Ten is the...
Mr. Alejandro Vilarello (City Attorney): Ten, I OA and 1013.
Commissioner Regalado: ...City Commission meeting.
Vice Chairman Gort: OK. I'm sorry. My apologies. You're correct. Stand corrected. Thank you. OK. Is
there a motion?
Commissioner Teele: You've got to read it into the record. Ordinance.
Mr. Vilarello: Is your motion seconded?
Commissioner Regalado: Move it.
Vice Chairman Gort: I have to move it first.
Commissioner Winton: So moved.
93 December 14, 1999
r: ,
Vice Chairman Gort: Moved and second. Read it. Call the roll.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE BY THE MIAMI CITY COMMISSION
AMENDING CHAPTER 2/ARTICLE 2 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CITY
COMMISSION, TIME, PLACE OF MEETING, TO CHANGE THE DAY AND
TIME OF CITY COMMISSION MEETINGS, THE DAY AND TIME A CITY
COMMISSION MEETING SHALL BE HELD FROM TUESDAY TO 10 AM TO
THURSDAYS AT 9:30 AM; MORE PARTICULARLY BY AMENDING
SECTION 2-32 AND 2-33 OF SAID CODE; FURTHER DIRECTING THAT THE
PRESENTATION OF PROTOCOL ITEMS BE SCHEDULED AT 9:20 AM OR 10
MINUTES PRIOR TO THE COMMENCEMENT OF REGULAR CITY
COMMISSION MEETINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton and seconded by Commissioner Regalado, for adoption
as an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Winton and seconded by Commissioner
Regalado, adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11865.
The ordinance was read by title into the public record by the City Attorney.
94 December 14, 1999
EO
0
'bR7C .AjC CE .I A ii; ' 1' COY 2000)"r APPROPMTt,
MANAG$R `i't7 (9) ACCEPT RI VENUE DERIVtb 'AS A RESULT.
A tJ: S. PA 5I' ►R ACCEPTANCE �ACILITZ', () bMECT _ THAT
$E U Eri EXCLIJ NtLY TO FUND TIC GENERAL OP8RATING
(E CITY CLERK:
Vice Chairman Gort: Thank you. Ten -A, Passport...
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Regalado: Second.
Vice Chairman Gort: It's been moved, second. Being a resolution, any further discussion?
Mr. Alejandro Vilarello (City Attorney): An emergency...
Vice Chairman Gort: Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Mr. Walter Foeman (City Clerk): It's an emergency ordinance.
Mr. Vilarello: It's an emergency.
Vice Chairman Gort: It's a resolution.
Mr. Vilarello: It's an emergency ordinance.
Mr. Foeman: No, it's an ordinance.
Commissioner Teele: It's an ordinance?
Vice Chairman Gort: It's a resolution.
Mr. Vilarello: Are we on l0A?
Vice Chairman Gort: Guys, on my document, I have Resolution 98-353.
Mr. Vilarello: That's a resolution that's already been adopted. Ten -A is an emergency ordinance of the City
Commission.
95 December 14, 1999
N.
Vice Chairman Gort: I see the ordinance now. Go ahead. Read it. Call the question.
An Ordinance Entitled -
EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "OFFICE OF THE
CITY CLERK PASSPORT ACCEPTANCE FACILITY" FISCAL YEAR 2000,
APPROPRIATING FUNDS FOR THE OPERATION OF THE SAME IN THE
AMOUNT OF $ 113,260; AUTHORIZING THE CITY MANAGER TO ACCEPT
REVENUE DERIVED AS A RESULT OF THE CITY SERVICES AS A U.S.
PASSPORT ACCEPTANCE FACILITY; TO DIRECT THE SAID REVENUE
GENERATED BE USED EXCLUSIVELY TO FUND GENERAL OPERATING
BUDGET OF THE OFFICE OF THE CITY CLERK AND TO EXECUTE THE
NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Teele and seconded by Commissioner Regalado, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed
to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commission Johnny L. Winton.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Regalado,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commission Johnny L. Winton.
NAYS: None,
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11866
The City Attorney read the ordinance by the title into the public record.
96 December 14, 1999
A A]AtND PROPOSED EMERGENCY BUDGETARY ADJUSTMENTS ORDINANCE BY
LE3"1NG , D*DITIONAL EXPENSES INCURRED 13Y STATE OF PLORIDA: FINANCIAL
dVEMORT BOARD-COMMISSION.TO WORK WITH OVERSIGHT BOARD, GOVERNOR, AND
M I;DADE LEGISLATIVE DELE0AT10N TO RESOLVE PENDING FINANCIAL ISSUES.
H1. , SCibDULt HEARING CONCERNINGPROPOSED ADDITIONAL APPROPRIATIONS
($5:14560) TO O'FI ICE Or MEDIA RELATIONS PROM THE I~Y- 2, 000 BUDGET INSTRUCT
M NAGEII TO DIRECT N]EDiA RELATIONS TO PROVIDE FULL EXPLANATION.
C EMfiRGENCY ORDINANCE: AMEND' SECTIONS 1493,4 AND 5 OF. ORDINANCE 11105,
TIltR ANNt7AL APPRbiATIi�I�TS ORIiINAItICE F�DR THE PURPOSEOP ADJUSTING SAID
AP�'1ttOP1"±1ONS R'lELATI N` TO OPERATIONAL AND BUDGETARY REQUIREMENTS OF .
CL TAIN Cf'i`) bEPARTiVtENTS.
Vice Chairman Gort: Item 10-13, what everybody's been waiting for. Yes, ma'am.
Ms. Bertha Henry: Bertha Henry, Assistant City Manager over Finance and Administration.
Commissioners, each year around this time or some time after the close of the fiscal year, the administration
presents the City Commission with an ordinance that takes care of a myriad of activities that facilitate the
year-end close-outs. Sometimes that ordinance is referred to the close-out ordinance. Sometimes it's referred
to as the clean-up ordinance, but it accomplishes those things that facilitate the year-end audit. This year on
that — I mean, we're doing basically the same thing, except that we are -- as part of the transmittal memo,
we're attempting to provide you with some information that would, number one, have your approval, but also
provide you with information that would help to understand some of the activities that has been undertaken
by the Finance Department. First of all, as it relates to the General Fund, we're asking that the General Fund
be increased by three --just shy of three million dollars ($3,000,000). We're also asking that, in accordance
with anti -deficiency, that we make transfers in the amount of one point six four million dollars ($1,640,000)
to a address number of issues that either remain as liabilities, officially on our book, will be posted as liability
on our books and/or address some of the issues that have been raised by the Commission's Oversight Board
and the like. The second issue that it accomplishes -- we spoke earlier this morning about the reconciliation
of the Special Revenue Fund and that process has been completed. What we're asking, as part of the end of
1999, that you now approve the budgets that are reflected as a part of that reconciliation, and that
reconciliation has Community Development but it also has a myriad of police grants. There are basically 16
new Special Revenue Funds that we have worked with the departments that are affected in those major areas
to create. In so doing, cnce again, this to facilitate the year-end audit. It, for the first time, allows you to
appropriate all of the Special Revenue Funds that exist on the financial system. What has happened in the
past is that you have been presented with Special Revenue Funds that are appropriated primarily for new
monies or there's some special revenue funds that function like normal general fund departments, but there
are a myriad of Special Revenue Funds that you do not appropri -- or have not been appropriating, and we
think that one of the reasons we've had this problem over the many years is that we don't take the time to look
at any remaining funds at the end of any fiscal year and come back to you and formally ask your approval to
reappropriate those funds. And when you go through that process, it requires and forces you to take a look at
what you've got on your system. We're also -- as we've indicated, you L, o *i,'� � ,,.,,, t - _F
that exist on the books. I've sort of touched on them a little bit. Rather f
essence of time, I'd just like to respond to any specific ones that you have.
Commissioner Regalado: Mr. Chairman, if I may?
Vice Chairman Gort: Yes.
97
J
Commissioner Regalado: Several things that I am a little concerned about, to say a lot. Why are we — we're
paying three hundred thousand dollars ($300,000) for the State Oversight Board?
Ms. Henry: Commissioner, currently, at the end of fiscal year 1998, we have a liability carried on our books,
as part of our audit, close to nine hundred thousand dollars ($900,000) worth of accumulated expenses
associated with the Oversight Board's activity. What we're...
Commissioner Regalado: Wait, wait, wait. There is a resolution from this City Commission that the City
will not pay any of the expenses of the Oversight Board. I voted for it. I remember. And it's got to be
somewhere.
Ms. Henry: Commissioners, I am not aware of that ordinance. I mean -- or that resolution, but I will attempt
to find some — the reason this issue is coming -- is, at this point, coming to you is, as I said, first of all, there
is an item that's in the long-term liabilities that's currently on the books. There are...
Commissioner Regalado: Bertha, are you telling us that the Oversight Board cost the taxpayers of Miami to
operate, is that what you're saying? Yes or no?
Mr. Donald Warshaw (City Manager): Are they billing us?
Commissioner Regalado: Yes.
Mr. Warshaw: Yes.
Commissioner Regalado: OK. Again, I'm going back to what we decided the City was not going to pay
anything, but that's one of the issues that I have, and I would certainly hope that my colleagues will take issue
with that. The other issue is...
Commissioner Teele: Excuse me.
Commissioner Sanchez: Why don't we finish one topic.
Commissioner Teele: Why don't you finish one topic.
Commissioner Regalado: Yes, I'd like to finish one topic.
Commissioner Sanchez: Tomas, if you are done...
Commissioner Regalado: I would like to finish one topic...
Commissioner Sanchez: ...would you yield on the Oversight Board?
Commissioner Regalado: On the Oversight Board issue, my question to the City Attorney and to the
administration, can we do line item vetoes on this budget amendment, Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Commissioner, this budget amendment has to be adopted with the
consent of this City Commission, so you can make any changes you'd like.
Commissioner Regalado: I'm talking about line items.
Mr. Vilarello: Certainly.
98 December 14, 1999
c
Commissioner Regalado: OK.
Commissioner Sanchez: Tomas?
Commissioner Regalado: I yield to Commissioner Sanchez.
Commissioner Sanchez: If you would yield for me. I think that...
Commissioner Regalado: On the Oversight Board issue.
Commissioner Sanchez: On the Oversight Board issue. I think taking a different approach with the financial
situation that the City and I believe that the City's administration has -- and this Commission, I believe, has
acted in good faith with the Oversight Board. I do strongly feel that if, somehow, the Governor is approached
or the appropriate individual is approached, I do foresee maybe a forgiveness of a percentage of this possible.
Maybe we could direct the Mr. City Manager or you to contact the Governor's office and possibly ask for a
forgiveness clause of some type of percentage and maybe, I think, that the State will grant us, a possible
reduction of what we may owe them. That's if this Commission decides to go forward with it.
Ms. Henry: Commissioners, the accumulated amount to date is one point two million, and we're asking that -
- in good faith, we asked for that forgiveness and to show for at least 3/4ths of it and to show good faith that
we would provide some renumeration for the activities that have taken place over the last three years.
Mr. Warshaw: What's basically happened is — and this is some history going back, and the City Attorney, I
think, is taking a look at the inter -governmental agreement, which goes back to '96, where there was
supposedly some commitment to pay. Basically, the Oversight Board contracts with people that they pay
through, state monies they've reached through us in 1999, three years after the fact, and are asking us to fund
some of the money because the Governor's budget did not place any dollars to pay for PFM and other...
Commissioner Regalado: But it's not in the agreement. The agreement we signed doesn't say we have to
pay.
Mr. Warshaw: And, Commissioner, I hear you loud and clear and I will take your directive back to Mr.
Beaty and the Oversight Board and transmit that information to the Governor.
Commissioner Sanchez: The Oversight Board is meeting now, what, quarterly? So, I mean, the expenses are
not that much now. They are meeting quarterly.
Mr. Warshaw: Well, the expenses aren't for the members of the Oversight Board. They're for the staff,
particularly, the financial advisors who work on a somewhat ongoing basis.
Commissioner Sanchez: I understand. But the expenses are not what they used to be. That's my — what the
message I want to get across.
Ms. Henry: Exactly. We expected those expenses in the future would be very minimal because they are now
only meeting quarterly, and we are working — you know, the extent of the review that they performed in the
past is nowhere near what they do now. We have taken quite control over that.
99 December 14, 1999
Vice Chairman Gort: I have a question. The Oversight Board is very good at trying to get us to follow all
their contracts and comply with the contracts and so on. Does anywhere in the contract states, that we signed,
that we wi II pay for the services?
Mr. Vilarello: Commissioner, my various readings of this contract, I don't recall it. I've gone through it
again. I don't see any provision which...
Vice Chairman Gort: OK.
Mr. Vilarello: ... requires us to pay the Oversight Board. However, I've just looked at this issue again for the
first time, so I -- but I'm pretty sure it doesn't provide any requirements for payments.
Commissioner Regalado: Excuse me. Willy, you were here and was here.
Commissioner Teele: I wasn't here.
Commissioner Regalado: You weren't. And we were the only two here at that time. We were told that that
did not involve any money, any City funds, any payment. We were told that by the then City Manager,
Merritt Stierheim, by the people that came before us. So, I'm just saying, for the record, that we were told
that no money was going to be bought. Now you're telling us that we owe them a million two. Well...
Vice Chairman Gort: We can work on that one.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, Mr. Teele.
Commissioner Regalado: Not with my vote.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, I want to be on record very clearly as saying that I think these issues are
manageable and resolvable.
Vice Chairman Gort: Right.
Commissioner Teele: And under no circumstances should somebody go away and say that the City is not
prepared to live up to its terms and obligations under the inter -local agreement, whatever they were. Now,
my issue is very simply -- and I really think this is a classic example of why the City of Miami has gotten in
deep trouble. Here we have an expenditure of a million dollars ($1,000,000), nine hundred thousand dollars
($900,000), that's a million two, three hundred thousand now, nobody's looked at it, nobody's approved it.
The fact that it's the Oversight Board, there's not — I haven't — and I may -- please, correct me. Has there
been a memorandum to the Commission and the Mayor detailing the expenditures and the outlines? Do we
have a legal opinion from anybody on this?
Ms. Henry: Commissioner, I was not here for the 1998, so I don't...
Commissioner Teele: Ma'am, I wasn't here whey the obligation was done, but I'm here now and you're here
now, so let's all agree on -- let's stop passing the bucket around here. We have to take responsibility for this.
This is your ordinance, ma'am. You're asking us to pass it and I'm asking you a simple question. Has there
100 December 14, 1999
been a memorandum or a directive to the Mayor and the Commission that outlines the expenditures, what
was expended for, why it should be expended, and a legal obligation or a statement by the lawyers as to why
we should appropriate this? This is taxpayers' money. And whether it's for the Governor or whether it's for
the Pope, it's still taxpayers' money. So, have we done that?
Ms. Henry: Commissioners, to my knowledge, at this point, we do -- i don't know if that communication has
gone to you. I have seen communication and i do know that it was in the FY-1998 audit, with some
documentation. I just can't say whether or not that went to the Commission.
Commissioner Teele: Ms.' Henry, honestly, I asked the question a year ago about the Oversight Board's
expenses. In fact, I think there was a different City Attorney, so that must have been a year and a half ago. I
haven't been here but two years, so it couldn't have been more than that.
Vice Chairman Gort: Two years.
Commissioner Teele: And I was told — no, I've been...
Vice Chairman Gort: Two years.
Commissioner Teele: November is two years for me.
Vice Chairman Gort: Right.
Commissioner Teele: You know, everybody always say I wasn't here, but I take responsibility for what we're
doing now. I don't think it's -- I don't think this Commission should approve one dollar of an appropriation at
this time for the Oversight Board unless and until, number one, we know exactly what we're spending the
money for; number 2, there's a justification for it, including the bid documents and whatever and whatever
and whatever, and number three, there's a City Attorney's opinion on this, that we're obligated to do it. At the
same time, I would like to pass a resolution today that says, the City of Miami is committed to working with
the Oversight Board, the Governor, and the Dade Delegation in resolving this issue. Because I've got to tell
you something: This is why we need a legislative delegation. We're out here electing somebody for the
Senate today. I don't think the taxpayers of the City of Miami should pay for this. This is something the
Governor imposed. The five Oversight Board members don't live in the City. They're not creatures of the
City. They're creatures of the State. And we shouldn't be writing the check for the Governor of the State of —
or the government of the State of Florida. And, so, I want to, respectfully, ask that this amount be dropped;
that the Manager come back to us with a detail of what it is we're doing, with the City Attorney, and we send
a very clear message that we're not saying we're not going to pay, but we're going to look for other options
and other opportunities to pay this money, number one. And number two; before we pay it, we're going to
know what we're paying it for.
Commissioner Regalado: I remember that the Governor and his budget -- not this Governor but Governor
Chiles, before he died, lie had six hundred thousand dollars ($600,000) in his budget for the operation of the
Oversight Board. And I keep telling you guys, we were told that this would not cost a penny. We were told
this on the record. And now they're charging us. Well, you know, I agree. I'm ready to move Commissioner
Teele's motion. Second. And, Mr. Chairman, if you want to vote on it...
Vice Chairman Gort: OK,
Commissioner Regalado: I have another...
Vice Chairman Gort: My understanding is
101 December 14, 1999
phi
Commissioner Teele: Well, what I would do is, I would move an amendment at this time to this and just vote
on the amendment when Commissioner Sanchez — and my amendment would be that the matter relating to
the Oversight Board be withdrawn from the budget, with an asterisk or a notation being made that the City
Commission is fully prepared to work with the Oversight Board and the Governor in resolving all outstanding
financial issues, including working with the Governor and the Dade Delegation for a legislative solution
Vice Chairman Gort: OK. There's a motion. There's a second. Second by Commissioner Regalado. Is this
an ordinance?
Commissioner Teele: This is...
Commissioner Regalado: No, no.
Commissioner Teele: This is an amendment to the ordinance.
Vice Chairman Gort: OK. Do you want to vote on the amendment? OK. All in favor state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-947
A MOTION AMENDING PROPOSED EMERGENCY BUDGETARY
ADJUSTMENTS ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1999, BY WITHDRAWING SECTIONS RELATING TO
ADDITIONAL EXPENSES INCURRED BY THE STATE OF FLORIDA
FINANCIAL OVERSIGHT BOARD; FURTHER STIPULATING THAT
THE CITY COMMISSION IS FULLY PREPARED TO WORK WITH THE
OVERSIGHT BOARD, THE GOVERNOR, AND THE MIAMI-DADE
LEGISLATIVE DELEGATION IN FURTHERANCE OF RESOLVING
PENDING FINANCIAL ISSUES.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Regalado: Mr. Chairman.
Vice Chairman Gort: Yes.
102 December 14, 1999
Commissioner Regalado: I have another issue on 10-B. You're asking us to approve thirty-one thousand five
hundred dollars ($31,500) more for the Media. Relations, and you talk here about reorganization was not
accomplished. What kind of reorganization?
Mr. Warshaw: Well, Media. Relations was supposed to be reorganized based upon additional income coming
as a result of the TCI (Telecommunication, Inc.) merger, but the bottom line is, of all the City departments,
that department did over spend its budget and now we need to appropriate the additional thirty-one thousand
dollars ($31,000).
Commissioner Regalado: Well, i -- unless -- I have requested some documentation, which I have not
received, Mr. Manager, and I did that two weeks ago, to your office, and I move that we withdraw that
amount until we decide -- the Commission gets information on how the Media Relation is working. I mean,
you agree with the Commission that, when we talk about CBO's (Community Based Organizations) and other
agencies, that those agencies who do not perform should be punished and not receive funds. And I -- at least
-- the least that an agency of this government could do is to send information when this information is
requested. Frankly, I'm very disappointed for many reasons. And we don't have the time today, but I'm
telling you that, if I know about something, I know about media relations. I make my living. And I'm telling
you that it's not performing and 1 wish that it would because it's an important arm of the City government.
So, my motion is to eliminate...
Commissioner Teele: Deny.
Commissioner Sanchez: Deny.
Commissioner Regalado: Deny the thirty-one thousand five hundred dollars ($31,500).
Vice Chairman Gort: OK. There's a motion. Is there a second?
Commissioner Sanchez: You can't do it?
Mr. Warshaw: And, Commissioner, let me tell you why. And I understand what you're saying.
Vice Chairman Gort: It's already spent.
Mr. Warshaw: We need to close out our...
Vice Chairman Gort: The year.
Mr. Warshaw: ...fiscal year. This money has been spent and, you know, four hundred million dollar
($400,000,000) budget, with every other department coming in with surplus over thirty...
Commissioner Regalado: Yeah. But, Mr. Manager...
Mr. Warshaw: I'm not disagreeing with what you're saying.
Commissioner Regalado: No, no. But this -- Mr. Manager, this is not about reorganization. This is about a
raise in salary, is that correct? Yes or no?
Mr. Warshaw: It's not about a raise in salary. It's about the overall budget of that department that includes,
not just the director, but other employees, so...
103 December 14, 1999
Commissioner Teele: Mr. Chairman?
Mr. Warshaw: What I'm saying is, while I understand, you know, exactly what you're telling us, the fact is,
the money has been spent. We need to close out the fiscal year.
Commissioner Regalado: You can take it out of fiscal year 2000. That's it.
Commissioner Teele: Mr. Chairman?
Mr. Warshaw: That's another potential remedy.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Mr. Teele.
Commissioner Teele: Mr. Chairman, let me tell you. You know, Commissioner Regalado is one hundred
percent right. I really have sort of gone to sleep on this thing. You know, this is how we got in trouble.
Departments overspending. Now, when I look through this, essentially, the management of the City of
Miami deserves strong accolades, and while the word anti -deficiency will never be mentioned favorably in
the press -- you know, I've read references to the fact that deparhments are now taking individual
responsibility for the budget, and that is a good thing and every department head that has taken that
responsibility should be commended, and even though the Commission passed the anti -deficiency, over the
management's objection, which has brought about that, we'll never get the credit because, as somebody says,
the only time the Commission gets involved is if there's a problem. But just so that you know and I know, the
reason why the departments are taking responsibility is because of the anti -deficiency. Now, if you think
we're going to pass this thirty one thousand dollars ($31,000) and send the signal to every other department
head that it really doesn't matter — I think this is about the whole issue of the budget of the City of Miami.
And I'm going to support Commissioner Regalado. I'm going to do everything I can right here and right now
to say to that department and, more importantly, to ask the management to bring forth the Office of Budget
and Management -- where's the Budget Director?
Ms. Henry: He's not here today.
Commissioner Teele: All right. Where's the Finance office?
Mr. Warshaw: The Assistant Director is here. She's ill.
Commissioner Teele: OK. And let me tell you, I understand that the Finance Director isn't well, and I tell
you, that woman has really worked hard. I don't know of anyone that's made the impact so quickly, so
professionally, so profoundly that Julie Weatherholtz is making in this City, and I want to be -- say that
before I say this. The Finance Department and the Office of Budget need to come in here with a justification
as to how they approved and what went wrong with our system and, then, we need to turn to whoever's in
charge of Media Relations and let's look at what this anti -deficiency really provides for. Because if we send
the signal now that we're going to underwrite a thirty-one thousand dollar ($31,000) override, without
anybody basically having to come here and lay out to the citizens of this community what they did and why it
went wrong, then, we will be doing ourselves a tremendous disservice. And so, 1 would ask, at the next
Commission meeting, that the Office of the Budget — of the Media Relations appropriations -- Mr. Attorney,
at the next meeting, I would ask a special appropriations for the Media Relations Office, the adjustment that
you're asking, and that this be stricken from this at this time, and we have that discussion including the budget
office, the finance office, the personnel office, as well as the department head, to come in here and explain, in
excruciatingly painful detail, how they went over the thirty-one thousand dollars ($31,000) dollars by dollar
104 December 14, 1999
J
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by dollar by dollar. So, I'm going to support this at the point in time that we have to do something. We either
have to reduce it from this year's budget or do something that way, but I don't think the right thing to do is to
basically underwrite a thirty-one thousand dollar ($31,000) expenditure, especially if raises were involved in
that year.
Mr. Vilarello: Commissioner, if I may? This is the close-out of the last fiscal year. This is money that
apparently has already been spent.
Vice Chairman Gort: OK. Look...
Mr. Vilarello: There appears to be a prima facie violation of the anti -deficiency ordinance...
Vice Chairman Gort: Go right ahead.
Mr. Vilarello: ...which — I'm sorry. I was just trying to answer his question.
Commissioner Teele: Mr. Attorney, I'm not saying that we won't approve it, but I'm saying, before we
approve expenditures like this, we need to approve everything but this. Let's put this on the next item as an
add -on to the close-out. I'm not opposed to that. But somebody's got to come in and start explaining how this
happened. That's all that we're saying. Otherwise, we're basically just saying to every department head...
Commissioner Sanchez: Violate it.
Commissioner Teele: ...do what you've got to do.
Vice Chairman Gort: Every other department has complied with it; they have come in front of us. You have
to brought us the reason why they went beyond the budget, and I don't think this...
Mr. Warshaw: Every other department had a surplus.
Vice Chairman Gort: OK. But this should no be an exception, OK? There's a motion. There's a second?
All in favor state by saying "aye."
Commissioner Teele: Second
Vice Chairman Gort: Second
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-948
A MOTION TO DENY THE PROPOSED THIRTY-ONE THOUSAND
FIVE HUNDRED DOLLARS ($31,500) LINE ITEM TO THE OFFICE
OF MEDIA RELATIONS AS PART OF THE BUDGETARY
ADJUSTMENT APPROPRIATIONS ORDINANCE FOR THE
CLOSEOUT OF FISCAL YEAR 1999.
105 December 14, 1999
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Mr. Vilarello: Commissioner?
Vice Chairman Gort: Yes.
Mr. Vilarello: This is -- again, I repeat, this is year-end closing out of the last fiscal year.
Commissioner Regalado: Excuse me.
Mr. Vilarello: If we close — I'm sorry.
Commissioner Regalado: Mr. City Attorney, one second. I was told by the Budget Director, when I asked
him about this three days ago, that it's very simple. That we could deny this and they have to live within the
2000 budget. They can take it from the 2000 budget and that's that. They just have to readjust their
department for their expenses.
Commissioner Teele: Arid, Commissioner, I'm not necessarily agreeing or disagreeing. This is a close-out. I
think this budget has to be closed out. The only thing that we've asked is that this item be not acted upon
today, be acted upon in the next meeting, the first meeting in January, as a close-out item, and that the Budget
Department, the Finance Department and the Department involved, as well as any other departments, come in
-- personnel come in and explain exactly why we're over this budget. And I think, if we don't do that, we
send a very dangerous signal to the rest of the management.
Mr. Warshaw: Commissioner, respectfully...
Vice Chairman Gort: Mr. Manager.
Mr. Warshaw: I just want to give you the timeline. I'm not disagreeing with anything you're saying. We
want to close out the books of the current fiscal -- last fiscal year by December 31, 1999. What I'm saying is,
thirty-one thousand dollars ($31,000) would prevent us from closing out a four hundred million -dollar
($400,000,000) budget year.
Commissioner Regalado: That was not Luie Brennan told me. Then he misinformed me.
Mr. Warshaw: Commissioner, that item would prevent us from closing out the entire year.
Commissioner Regalado: That was not -- he didn't say that to me.
106 December 14, 1999
Q
Ms. Henry: Commissioner, I think maybe where the confusion is...
Commissioner Regalado: No, there is no confusion. Listen to Inc.
Ms. Henry: No, I...
Commissioner Regalado: I am a journalist. I know about quotes. I can give you a quote of what you said a
few minutes ago. Luie Brennan told me that it was very simple. You can deny that and they will have to take
it from the 2000 budget...
Ms. Henry: That's what he said.
Commissioner Regalado: ...in order for you to close out the books.
Ms. Henry: That's what lie said.
Mr. Warshaw: Right. We can do that.
Commissioner Regalado: That's that.
Mr. Warshaw: Very simple.
Ms. Henry: We can do that.
Commissioner Regalado: And it's very simple.
Mr. Warshaw: But you're —but what you voted on didn't do that. The motion was to just take this out and
come back at the next Commission meeting. If you do it the way you're saying now...
Commissioner Regalado: Well, I'll do it the way I'm saying now.
Mr. Warshaw: That will be fine.
Ms. Henry: We can do that.
Commissioner Regalado: Then, Mr. Chairman, I would like to change the motion.
Commissioner Sanchez: I believe you're going to -- he's going to have to change the motion.
Vice Chairman Gort: The procedure is, the motion to deny the — I rescind that motion, am I correct?
Commissioner Sanchez: And pay what, with next year's FI...
Mr. Vilarello: Commissioner, you have...
Vice Chairman Gort: It's a motion. We've already voted on it and it had passed.
Mr. Vilarello: You have an ordinance before you; it's been amended once by a motion.
Vice Chairman Gort: Right.
107 December 14, 1999
Mr. Vilarello: Do you have a motion before you now?
Vice Chairman Gort: That motion was passed already.
Mr. Vilarello: One motion with regard to the Financial Oversight Board.
Vice Chairman Gort: Two motions. This one was moved also and it was passed.
Mr. Vilarello: OK. Then you need to rescind...
Vice Chairman Gort: That's what we need. We need a motion to rescind the previous motion.
Commissioner Regalado: We didn't vote on the...
Commissioner Sanchez: Motion to rescind the previous motion.
Commissioner Regalado: Mr. Chairman, we didn't vote on it.
Vice Chairman Gort: It's been moved and second. All in favor state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-949
A MOTION RESCINDING MOTION 99-948, WHICH HAD DENIED THE
PROPOSED THIRTY-ONE THOUSAND FIVE HUNDRED DOLLARS
($31,500) LINE ITEM TO THE OFFICE OF MEDIA RELATIONS AS PART
OF THE BUDGETARY ADJUSTMENT APPROPRIATIONS ORDINANCE
FOR THE CLOSE-OUT OF FISCAL YEAR 1999.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: OK. State your new motion.
Commissioner Regalado: My motion is to deny the increase on the budget and then to have the department
use the thirty-one thousand dollars ($31,000) from the 2000 budget.
Mr. Vilarello: Commissioner, if I can make this recommendation, that you adopt this budget appropriations
ordinance, as written. At the next meeting, you can bring back -- perhaps today we can bring back an
108 December 14, 1999
�35�
L
d:':.
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emergency appropriations ordinance, which removes thirty-one thousand dollars ($31,000) from this fiscal
Year's budget. That way we can close out last year's budget balanced, which is, I think that's what...
Commissioner Regalado: Excuse me. Then we have to bring another for the three hundred thousand dollars
($300,000) for the Oversight Board,
Mr. Warshaw: We've already amended that by taking it completely out.
Ms. Henry: That one is out.
Mr. Warshaw: So, that's gone.
Commissioner Regalado: Why can't you...
Mr. Vilarello: Because that was an appropriation...
Mr. Warshaw: Because that money hasn't been spent.
Vice Chairman Gort: That wasn't part of the motion.
Commissioner Regalado: What's the difference?
Mr. Vilarello: That was an appropriation that had not yet been spent. The thirty-one thousand dol
($31,000) from Media Relations has, in fact, been spent. tars
Commissioner Regalado: OK.
Commissioner Teele: Mr. Attorney?
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: I think you're right. I think the way to do this and to accomplish exactly
Commissioner Regalado has suggested is to approve this with the caveat that there will be a full discus.
the next Commission meeting, and further to instruct the Manager to bring back the appropriations what2000 year, the current year for the Media Office, with a reduction of thirty thousand dollars ($30), as well
000 lion at
as having a hearing, a full hearing, on why we went over that... for the
Vice Chairman Gort: Thirty one five. OK.
Commissioner Teele: ...the full thirty-one thousand dollars ($31,000). I agree with what the attorney is
saying. It accomplishes the same thing, Commissioner Regalado.
Vice Chairman Gort: OK.
That's Commissioner Regalado's motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, all in favor state by saying
' aye.'
The Commission (Collectively): "Aye."
109 December 14, 1999
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The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.99-950
A MOTION INSTRUCTING THE CITY MANAGER TO SCHEDULE A
FULL HEARING AT THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR JANUARY 13, 2000, CONCERNING THE PROPOSED
ADDITIONAL APPROPRIATIONS IN THE AMOUNT OF THIRTY-ONE
THOUSAND FIVE HUNDRED DOLLARS ($31,500) TO THE OFFICE OF
MEDIA RELATIONS FROM THE FY-2000 BUDGET; FURTHER
INSTRUCTING THE MANAGER TO DIRECT THE OFFICE OF MEDIA
RELATIONS TO PROVIDE A FULL EXPLANATION AS TO WHY IT
WENT OVER ITS BUDGETARY AMOUNT.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner .Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Will you read the ordinance now?
Commissioner Teele: Unreadiness. Ms. Henry, the two hundred and forty-one thousand dollars ($241,000)
of Off -Street Parking dollars, that number should have been two seventy-one one sixty-three; is that correct?
Ms. Henry: Yes, it is correct. And I...
Commissioner Teele: Is that a scrivener's error?
Ms. Henry: We can correct it here, Commissioner.
Commissioner Teele: All right. So, that number is two seven one one seven three. All right.
Ms. Henry: Two seventy-one one sixty-three.
Vice Chairman Gort: Call the question, Call the roll.
110 December 14, 1999
Mr. Walter Foeman (City Clerk): I'm sorry. Do we have a movant? I need a movant and a seconder, Mr.
Chairman.
Commissioner Teele: I move it, Mr. Chairman.
Vice Chairman Gort: It's been moved by Commissioner...
Commissioner Winton: Second.
Vice Chairman Gort: Seconded by Commissioner Winton.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE BY THE MIAMI CITY COMMISSION
AMENDING SECTIONS 1, 2, 3,4 AND 5 OF ORDINANCE 11705, AS AMENDED,
THE ANNUAL APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30TH, 1999, FOR THE PURPOSE OF ADJUSTING SAID
APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY
REQUIREMENTS OF CERTAIN CITY DEPARTMENTS AS ARE MORE
PARTICULARLY DESCRIBED HEREIN; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Teele and seconded by Commissioner Winton, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed
to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Teele and seconded by Commission Winton,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11867.
III December 14, 1999
t
The City Attorney read the ordinance, by title, into the public record.
' Ei ROENi✓ OItMANCP-t AMEND SECTION VI OF ORDINANCE 11705; REVISE
.-VIOUSLY APPROVED , CAPITAL ItOWMENT PROJECTS ' IN THE GENEP-41
GOV,t tmfm SOCIAL AND ECONOMIC ENMONWNT, PARXS AND RECREATION,
k j*�OAT'ATION AREAS.
Vice Chairman Gort: Thank you. Item 10-C.
Commissioner Teele: I move it, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second.
Commissioner Teele: Mr. Chairman, for discussion. Could we get a little bit of detail on the one million
dollars ($1,000,000) for infrastructure assessment and Information Technology Strategic Plan?
Ms. Bertha Henry: Yes. Once again, this is Bertha Henry, Finance/Administration. Commissioners, we
have -- in the past six months we've talked about the need to have a Comprehensive Financial Plan that not
only includes our operational issues but our capital issues. And one of the shortcomings that we have right
now is that we have not had a formal assessment of our infrastructure, and if we are preparing ourselves or at
least positioning ourselves in the future, if we're going back into the market to do some restructuring or what
have you, we need to have professionals come in and take a look at our facilities, provide us with the state of
these facilities, roofs, and the mechanicals that support the building, et cetera. As a companion piece to that,
we would then be able to develop what the appropriate depreciation schedule should be for each of our
facilities. Right now we do not budget for depreciation. We really don't know how much we need to have on
an annual basis to take care of our infrastructure, so we're asking -- right now all this would do is put some
money in place to allow us to come back to you with the ability to hire some engineers that would prioritize
our buildings and come up with what we need to spend in these buildings that get incorporated in overall
financial plan that ultimately, in the next year or so, we're going to have to have in place to be in compliance
with the Governmental Accounting Standards Boards 34 form -- I mean, basically, referred to as GASB-34.
That's one piece.
Commissioner Teele: Ms. Henry, the Information Technology Strategic Plan...
Ms. Henry: That's the second piece. OK.
Commissioner Teele: How much of tile million dollars ($1,000,000) is that?
Ms. Henry: At this point, Commissioner, the RFP (Request for Proposal) is on the streets. We don't really
know. We will come back to you with that once we have a firm number.
Commissioner Teele: Final question. Is this money coming from the strategic reserves?
Ms. Henry: Right now this money would be coming from our operating surplus.
Commissioner Teele: Mr. Manager, would you look at the feasibility -- I mean, a part of what the Stierheim
Commission and the Blue Ribbon Committee -- a part of what they kept focusing on are these issues. It
112 December 14, 1999
seems to me that this is a far more appropriate use of the strategic reserves, and I realize that time is of the
essence. But I would just ask you to look at that and get back to us.
Mr. Warshaw: And I'd just like to tell you, for the record, that one of the priorities for this next four to six
months is to come up with uses for some of those strategic dollars, and put together a strategic plan so we
could start to use those monies. And I agree, under normal circumstances, that's exactly where this money
would come from.
Vice Chairman Gort: I'd like to give you a suggestion. As we put all these new software together, I'd like to
see all the departments do whatever to communicate. And, for example, if the Building Department is going
to issue a permit, that they can tap it and they can see if there's any other departments that needs to put some
input into it. I think that's very important. I think one of the problems that we have not enough
communication among our departments, and that's why some times we have the lack of enforcement.
Ms. Henry: That's a specific activity we have asked the consultant to perform for us to facilitate business
culture.
Vice Chairman Gort: Thank you.
Commissioner Winton: And to make sure that our NET (Neighborhood Enhancement Team) offices have
absolutely top notch information technology out there because they're in the field, where it isn't as easy to just
walk down the hall and get the same information. So, I hope our NET offices really, really get brought up to
speed here.
Vice Chairman Gort: Roll call.
Mr. Walter Foeman (City Clerk): Have you read the ordinance?
Vice Chairman Gort: I beg your pardon?
Commissioner Sanchez: You moved it?
Commissioner Teele: I moved it.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved and second.
Mr. Foeman: Yeah. But it's an ordinance. Did he read the ordinance?
Mr. Alejandro Vilarello (City Attorney): And emergency ordinance of the Miami...
Vice Chairman Gort: You read it.
Commissioner Teele: Roll call.
Vice Chairman Gort: Did you read it?
Mr. Vilarello: No.
Vice Chairman Gort: You haven't read it yet?
113 December 14, 1999
Mr. Vilarello: No.
Vice Chairman Gort: You guys are slow today. Roll call.
An Ordinance Entitled —
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING SECTION 6 OF ORDINANCE 11705 ADOPTED SEPTEM MI 28"i
1998, AS AMENDED, REVISING PREVIOUSLY APPROVED CAPITAL,
IMPROVEMENT PROJECTS IN THE GENERAL GOVERNMENTS, SOCIAL AND
ECONOMIC ENVIRONMENT,
SEVERABILITY CLAUSE PARKS AND RECREATION, ANDTRANSPORTATION AREAS; CONTAINING, A REPEALER PROVISION AND A
Was introduced by Commissioner Teele and seconded by Commissioner Sanchez, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed
to by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Regalado,
adopted said ordinance by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11868.
The City Attorney read the ordinance by title into the public record.
114 December 14, 1999
Vice Chairman Gort: Item I I . Stop Active Vandalism Everywhere Grant.
Commissioner Sanchez: So moved.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Discussion. Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
Mr. Alejandro Vilarello (City Attorney): It's an ordinance, Commissioner.
Mr. Walter Foeman (City Clerk): It's an ordinance.
Vice Chairman Gort: It's an ordinance. Read it. OK. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING
INITIAL RESOURCES AND APPROPRIATIONS FOR SPECIAL REVENUE
FUND ENTITLED "STOP ACTIVE VANDALISM EVERYWHERE" GRANT;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT IN THE
AMOUNT OF $179,640, THE MIAMI-DADE COUNTY, AND TO EXECUTE
ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; AUTHORIZING 25% REQUIRED MATCHING FUNDS OF
$59,880; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT LAW ENFORCEMENT TRUST FUND PROJECT NO. 690001,
690002, AND 690003, FOR A TOTAL OF $239,520; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
115 December 14, 1999
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was passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Teele, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Said Ordinance designated ordinance No. 11869.
The City Attorney read the ordinance by title into the public record and announced that copies were
available to the members of the City Commission and to the public.
;�4= SECOND ' READING ORDINANCE: AMEND ORDINANCE 11769, TO INCREASE
APPROPRIATIONS TO SPECIAL RE'YENUE R!"'SCHOOL BASED 'PARTNERSI IPS
GRdI," ,(17,500), 'CONSISTING 'OF A SUPPLEMENTAL; .GRANT FROM ' THE
DEPARTIVIENT.OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES.
Vice Chairman Gort: Item 12, second reading. School Based Partnership Grant Supplement Award. Do[
have a motion?
Commissioner Sanchez: So — yeah. So moved.
Vice Chairman Gort: It's been moved. Second?
Commissioner Regalado: Second.
Vice Chairman Gort: OK. Read the ordinance. Roll call.
An Ordinance Entitled —
AN ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11769 TO INCREASE APPROPRIATIONS TO
SPECIAL REVENUE FUND ENTITLED "SCHOOL BASED PARTNERSHIP
GRANT" IN THE AMOUNT OF $17,500; CONSISTING OF SUPPLEMENTAL
GRANT FROM THE US DEPARTMENT OF JUSTICE, OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
116 December 14, 1999
0
was passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Regalado, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Said Ordinance was designated Ordinance No. 11870
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
25, SECOND READING ORDINANCE; AMEND'CODE SECTIONS 35-91, 35-92 AND 35-93, BY.
C lYGING RA"I'ES AT CERTAIN ; ON -STREET LOTS AND AT MUNICIPAL PARKING:
Vice Chairman Gort: Item 13, rate increase by the Off -Street Parking. Second reading. Do I have a motion?
Commissioner Sanchez: What was that, Off -Street Parking'?
Vice Chairman Gort: Off -Street Parking. This is a second reading.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved by Winton. Is there a second?
Commissioner Sanchez: I'll second for discussion.
Vice Chairman Gort: Second. Discussion.
Commissioner Sanchez: If you look at the record, I didn't support this the last time but I'll tell you, I just --
the increases that are being put forth basically affect two areas. It doesn't affect my area, but I want to just
improvise and elaborate a little bit on the increase of parking in the city of Miami. It was passed last time, but
I wanted to direct the City Manager to have Off -Street Parking provide me with their financial records for last
year, and also with the contract given to the offer to Mr. Noriega, who will be running Off -Street Parking
now. Mr. Manager.
Commissioner Teele: What do you mean, a contract?
Vice Chairman Gort: Further discussion.
Commissioner Sanchez: I'm sure they gave him a contract.
117 December 14, 1999
i�''.
0
wN"
Vice Chairman Gort: Further discussion.
Commissioner Teele: Wait, wait, wait, wait. Mr. Cook.
Mr. Clark Cook: Yes.
Commissioner Teele: Mr. Chairman, I strongly support the increase that's proposed. Have you all entered
into a contract, multi -year contract with any employee?
Mr. Cook: Commissioner, I do not -- my contract that I had with the agency over the years has ran out, as
you well know. Ran out in September.
Commissioner Teele: Oh, really.
Mr. Cook: And mine ran out in September, yes. And I'm in the process of retiring, as you well know, but
they traditionally have a contract with the executive director, yearly contract.
Commissioner Teele: Annual.
Mr. Cook: Annual contract, yes.
Commissioner Teele: OK.
Vice Chairman Gort: The Board does that.
Commissioner Sanchez: Well, I would like a copy of that contract.
Commissioner Teele: Well, we approve it, though, don't we?
Vice Chairman Gort: Any further discussion?
Commissioner Sanchez: No.
Vice Chairman Gort: We don't approve that.
Commissioner Teele: We approve the budget, don't we?
Vice Chairman Gort: The budget, yes.
Commissioner Sanchez: Yeah, but not the contract.
Vice Chairman Gort: OK. Any further discussion? You read the ordinance?
Mr. Alejandro Vilarello (City Attorney): No.
118 December 14, 1999
0
Vice Chairman Gort: OK. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION
35-91, 35-92, 35-93 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY CHANGING RATES AT CERTAIN OFF-STREET LOTS,
CHANGING THE RATES OF MUNICIPAL PARKING GARAGES; PROVIDING
FOR SET RATE CHANGES TO BECOME EFFECTIVE FEBRUARY 1 ST, 2000;
RATIFYING AND CONFIRMING ALL ACTS OF THE OFF-STREET PARKING
BOARD TO DEVELOP EXPERIMENTAL RATES, STRUCTURES, AND TO
INITIATE RATES FOR NEW FACILITIES DURING THE FISCAL YEAR;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded
by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: Commissioner Joe Sanchez
ABSENT: None.
Said Ordinance was designated Ordinance No. 11871
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
a�� vNli tCtJAll1NG ORDINANCE: AMEND ORDINANCE 10021, WffiCIi ESTABLISHED
ITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW ENFORCEMENT
ZEST FUND,'. RECEIVED AND DEPOSITED PURSUANT TO. ORDINANCE NO. 0257 iERE�Y PROVIDING FOR AN INCREASE ($3,000,000), AS A RESULT OF ADDITIONAL
?NMS DEPOSITED IN SAID FUND FROM SUCCESSFUL FORFEITURE ACTIONS.
Vice Chairman Gort: OK. Item 14. This is amending ordinance number 10,121-LEFT (Law Enforcement
Trust Fund) appropriation of three million dollars ($3,000,000). This is second reading. Do I have a motion?
Do I have a motion?
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
119 December 14, 1999
Vice Chairman Gort: It's been moved and second. Discussion? Being none, read the ordinance. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10021 ADOPTED JULY 18, 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR
THE LAW ENFORCEMENT TRUST FUND; RECEIVED AND DEPOSITED
PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY
PROVIDING FOR AN INCREASE IN THE AMOUNT OF THREE MILLION
DOLLARS AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID
FUND FROM SUCCESSFUL FORFEITURE ACTIONS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Winton, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Said ordinance was designated Ordinance No. 11872
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
2'is SECOND READING .ORDINANCE: AMEND CODE SECTION 29-122 `ILANDFILLS AND
WRF ATERONT Il'r'IPROVEMENTSAVATERPRONT ADVISORY BOARD/SCOPE,f9 TO
REQUIRE THAT THE WATERFRONT ADVISORY BOARD BE INFORMED OF ANY
DEVELOPMENT, AND/OR DISPOSITION OF WATERFRONT PROPERTY AT THE
CONCEPTUAL;PLANNING STAGE.
Vice Chairman Gort: Item 15 is the ordinance, second reading, amending section 29-122, Article IV of the
City of Miami Code, as amended, entitled Waterfront Advisory Board.
Commissioner Regalado: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
120 December 14, 1999
�N
Vice Chairman Gort: Moved and second. Discussion. Being none, read the ordinance. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 29, ARTICLE 1V, SECTION 29-122 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "LANDFILLS AND
WATERFRONT IMPROVEMENTS/WATERFRONT ADVISORY
BOARD/SCOPE," TO REQUIRE THAT THE WATERFRONT ADVISORY
BOARD BE INFORMED OF ANY DEVELOPMENT AND/OR DISPOSITION OF
WATERFRONT PROPERTY AT THE CONCEPTUAL PLANNING STAGE FOR
SUCH DEVELOPMENT AND/OR DISPOSITION; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING RO AN
EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded
by Commissioner Winton, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
.AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Said Ordinance was designated No. 1 l 873
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Commissioner Sanchez: Mr. Chairman, before we move on, let me just say a word here. You know, the
people that sit on those boards are not getting paid and, really, they are putting a lot of work and effort and
time away from their family, and I'd like to recognize one of our members that sit on the board, Robert
Parente, who's sitting back there. Robert, stand up. There you are. That's Robert back there.
Vice Chairman Gort: It's about time he does some work. Thank you.
28. FIRST READING ORDINANCE: AMEND CODE SECTION 40-245 PF.RSONNEL/PENSION
AND RETIREMENT PLAN/CITY OF M AMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST, TO ALLOW FOR INVESTMENTS OF STOCK IN
FOREIGN CORPORATIONS.
Vice Chairman Gort: Item 16, the amendment -- first reading. Amending Section 40-245 of the City Code.
This is the union. Yes, ma'am.
121 December 14, 1999
a
Ms. Sue Weller: Sue Weller, Labor Relations Officer. What is before you is a request by the board of
trustees of the City of Miami General Employees and Sanitation Employees Retirement Trust. The GESE
(General Employees and Sanitation Employees) Trust, after reviewing the its investment guidelines and also
the State of Florida, who recently changed their investment guidelines to allow for investment in foreign
stocks, is requesting to change the ordinance to provide them the ability to invest in foreign stocks.
Vice Chairman Gort: Is there a specific percentage? Did they put a limit to it?
Ms. Weller: It is. The limit is 10 percent.
Vice Chairman Gort: Ten percent. OK.
Ms. Weller: Correct.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second? Second?
Commissioner Winton: Second for discussion.
Vice Chairman Gort: For discussion. Commissioner Winton.
Commissioner Winton: What kind of controls are there? I mean, can -- I think the real question here is the
safety of these investments, and I know that we are a global economy and there are darn good foreign stock
exchanges, but there is also real bad ones, and there are high risks. And, so — you know, I remember reading
about Orange County California, and their movement into the junk bond arena, and they went under...
Vice Chairman Gort: US bonds.
Commissioner Winton: Yeah, that's exactly right. I'm sorry. So, it was a vehicle that should have been
even safer, but this has real risks associated with it, if done improperly, and I just want to make sure there's
control in place so that we don't risk capital.
Vice Chairman Gort: Commissioner Winton, maybe I can give you a little history on that. If you read the
Gates case, it will give you an idea that the — when the change of the administration of the pension plans
which changed to the existing plan that we have today, I wish we would have some of our investments
through these individuals. My understanding is, part of the ordinance is, if any one of the money managers
are not performing within 95% of the median, they are automatically fired. So, their performance — they're
completely and constantly being guarded by them.
Commissioner Winton: Is that right?
Mr. Donald Warshaw (City Manager): The chief financial officer and representative from the board -- before
they speak, just so you know, for the record, this has the recommendation of the pension boards consultant,
and part of the rationale is to diversify the portfolio to make it less risk in it. But I'll let them speak.
Commissioner Winton: And the State of Florida is doing now you said?
Mr. Warshaw: Yes,
Vice Chairman Gort: Right.
122 December 14, 1999
f.v
Commissioner Winton: All right.
Vice Chairman Gort: It's been moved and second. Is there any further discussion? Read the ordinance.
Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND
RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST, TO ALLOW FOR
INVESTMENTS OF STOCK IN FOREIGN CORPORATIONS; MORE
PARTICULARLY BY AMENDING SECTION 40-245 OF SAID CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
29 FIRST READING ORDINANCE: AMIEND CODE SECTION 38-8 BY ESTABLISHING FLAT:,
RATES .FOR THE. ;USE ;.4F THE MANi7EL' ARTnVIE PERFORl1�TG ARTS 'CENTER;
ELIMINATING :SOME" CONFERENCE ROOMS ;AND CHANGING THEM AS> RENTAL OFFICE:
SPACE.
Vice Chairman Gort: Item 17. An ordinance amending Section 38-8 of the City Code, establishing a flat rate
of Manuel Artime Community Center and Theater. Do I have a motion?
Commissioner Sanchez: Wait.
Vice Chairman Gort: Do I have a motion?
Commissioner Regalado: I'll move it for discussion.
Vice Chairman Gort: Is there second?
123 December 14, 1999
Commissioner Winton: Second.
Vice Chairman Gort: Second. Discussion.
Commissioner Regalado: I did receive — thank you, Christina, a memo...
Ms. Christina Abrams (Director, Public Facilities): You're welcomed, sir.
Commissioner Regalado: But what I don't understand is you are talking of eliminating one conference room.
Is that all to be used by the Lions and who else?
Ms. Abrams: Two conferences. Well, let me...
Ms. Abrams: There are two conference — there are actually three conference rooms, but there are two small
conference rooms, one on the third and one on the fourth floor. The one on the fourth floor is being used
exclusively by the Lions Home for the Blind as office space. What we're asking to do is to convert both the
conference rooms on the third and fourth floor as office space.
Commissioner Regalado: Where are you going to go?
Ms. Abrams: Well, we have a waiting list of clients that want to move into Manuel Artime.
Commissioner Regalado: I know, but the Lions, where are they going to go?
Ms. Abrams: Well, if the Commission wants them to stay there, you know, they will stay there and, if not,
they will have to move back into the space that they are utilizing now, and make the conference room
available for other tenants.
Commissioner Regalado: And the other conference room is being used by?
Ms. Abrams: The third level conference room is not being used by anybody exclusively. It's available to any
of the tenants who want to use it. And in the second floor conference room, which is a larger one that will be
available to the tenants at no charge.
Commissioner Regalado: And we are reorganizing the rates? You want to add more office, but you want to
increase the rates?
Ms. Abrams: Well, the rate for the office space is being handled out of Asset Management because that's
under their provision and that's their expertise. What we're proposing is changing the rates for the theater
itself, which has noting to do with the offices. So, if you approve this ordinance today and you allow us to
convert these conference rooms to offices, you're not changing the rate for the use of that space.
Commissioner Regalado: We are changing the rates.
Ms.Abrams: No. You'd be changing the rates for the theater. You know, the other building next to it.
Commissioner Regalado: OK. Yeah, but what I'm saying -- what I'm -- you know the operation of the
theaters and Asset Management probably knows about...
Ms. Abrams: The offices.
124 December 14, 1999
Commissioner Regalado: ...the office, and if they make money or if they don't. But what I'm...
Commissioner Sanchez: Move that item.
Commissioner Sanchez: We move that item. Item 23 was removed and that was the...
Commissioner Regalado: Yeah, I know. I know that. But what I'm asking you is just to make sure, it's not
going to affect any of the tenants, the fact that you are redoing the conference room?
Ms. Abrams: No, except for the one effect...
Commissioner Regalado: The Lions.
Ms. Abrams: The Lyons Home for the Blind will have to move out of the conference room.
Commissioner Regalado: But they do have an office that they can use?
Ms. Abrams: Yes, yes.
Vice Chairman Gort: Yes.
Commissioner Regalado: OK.
Vice Chairman Gort: OK. Any further discussion? Read the ordinance. Roll call. Thank you.
An Ordinance Entitled —
AN ORDINANCE AMENDING SECTION 38-8 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY ESTABLISHING A FLAT RATE FOR
THE USE OF MANUEL ARTIME PERFORMING ARTS CENTER;
ELIMINATING SOME CONFERENCE ROOMS OF THE MANUEL ARTIME
COMMUNITY CENTER AND CHANGING THEM AS RENTAL OFFICE
SPACE,
was introduced by Commissioner Regalado, seconded by Commissioner Winton, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Gort: Thank you.
125 December 14, 1999
Ms. Abrams: Thank you.
Y
tt1# ttoibti1 _ SA1NDS A tApAT'7CAI# on- P D#tA'f`wx #6 EXPANSION
OMCO N» CLASSROOM SPACE i� rnnN T11E PROPIERT�' LOCAT>s+iD
d STREIET, AT ACROSS RATE OF $13.00 PE SQUARE )N! Oi�'>C; PRO VtUI�
1N �VIf>t1NNTH"lr9 ; FROM S114, 43.67 TO 'S17,52 08 AS A RESULT OP
Vice Chairman Gort: Eighteen has been withdrawn. Nineteen. Amendment to number one — number one, to
the lease agreement between the City of Miami and Golden Sands. What's the change?
Ms. Laura Billberry: Hi. Lori Billberry, Asset Management. This item is to correct a previous resolution by
amending the square footage from 2,856 to 3,029 square feet. When they actually went in to do the
improvements, they found there was a miscalculation in the square footage.
Vice Chairman Gort: My understanding, this is from the WAGES (Work and Gains Economic Self -
Sufficiency Coalition) program. That rent is being paid by that grant?
Ms. Billberry: That's correct.
Vice Chairman Gort: OK. Do I have a motion?
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: OK. All in — is this is resolution or an ordinance?
Mr. Vilarello: It's a resolution.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
126 December 14, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-951
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCINDING RESOLUTION NO. 99-12 WHICH PROVIDED FOR
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND
GOLDEN SANDS ALLAPATTAH CORPORATION FOR THE
EXPANSION OF THE ADDITIONAL 2, 856 SQUARE FEET OF
OFFICE AND CLASSROOM SPACE WITHIN THE PROPERTY
LOCATED AT 1313 N.W. 36TH STREET, MIAMI, FLORIDA;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND GOLDEN SANDS ALLAPATTAH CORPORATION
FOR THE EXPANSION OF AN ADDITIONAL 3,029 SQUARE FEET
OF OFFICE AND CLASSROOM SPACE WITHIN THE PROPERTY
FOR A TOTAL AREA OF 16,177 SQUARE FEET, AT A GROSS
RATE OF $13.00 PER SQUARE FOOT, UNDER THE TERMS AND
CONDITIONS MORE PARTICULARLY SET FORTH IN THE
LEASE AGREEMENT; PROVIDING FOR AN INCREASE IN THE
MONTHLY FEE FROM $14,243.67 TO $17,525.08 AS A RESULT OF
THIS ADDITIONAL SPACE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Thank you.
31 AUTHORIZE MANAGER TO EXECUTE LICENSE AGREEMENT WITH THE STATE OF
FLORIDA: DEPARTMENT OF TRANSPORTATION OF CITY -OWNED LAND LOCATED
ALONG THE SOUTHWEST 21iD AVENUE BRIDGE, PROVIDING FOR SLOPING, GRANING,
TYING !HARMONIZING AND ,RECONSTRUCTING EXISTING FEATURES OF THE
PROPERTY WITH HIGHWAY IMPROVEMENTS.
Vice Chairman Gort: Resolution — Item 20, resolution authorizing the license agreement with FDOT (Florida
Department of Transportation).
127 December 14, 1999
Ms. Laura Billberry (Director, Asset Management): This is a resolution to do a license agreement with
FDOT, which will allow them to come onto approximately 1700 square feet of property, on the Riverside
property, in order to provide a sloping and grading to tie it in with the Southwest 2"d Avenue Bridge
reconstruction.
Vice Chairman Gort: My understanding is — did we sell this or...
Ms. Billberry•: We had previously sold some property to FDOT for the widening of the 2"d Avenue Bridge
This is and will remain City property. This is just giving them a license to come on...
Vice Chairman Gort: OK. Got you.
Ms. Billberry: ... and do the construction.
Commissioner Sanchez: So moved.
Vice Chairman Gort: OK. It's been moved. Is there a second? Is there a second?
Commissioner Regalado: Second.
Commissioner Winton: Discussion.
Vice Chairman Gort: Discussion.
Commissioner Winton: This is a bit of an aside, but however, I have met with Jose Abreu from FDOT. I
have met with the Miami River folks, some of the different agencies, and I have met with the Mayor. As you
all know, the traffic congestion that has been — that has built up, linking Brickell and downtown is very, very
significant. And for a lot of reasons, economic and logistical reasons, a tunnel could not be built connecting
Brickell to downtown at the Brickell bridge site. However, in this particular location where there is now a
bridge that's already been designed, there is ample land on both sides of the river for the approach to a tunnel
— to make a tunnel feasible in this particular location. So, I am working — and in my communications with
Jose Abreu, I am working with all due haste to stop the construction of this bridge at 2"d Avenue, and what
we, I hope, will be asking for from the MPO (Metropolitan Planning Organization) is a one-year delay in
letting the contracts for this bridge to give time for a new study — a new feasibility study to be done on the
feasibility of a tunnel connecting the two. And as you all know — and if you spend any time downtown
during the work week — with the developments that are in place and finished — and as a classic example, one
day this week I was at the Hyatt. It took me seven minutes to move out of that queuing area there at the Hyatt
because the bridge was up. Seven minutes. So, the economic impact on a very important economic engine
for the City of Miami is being severely hampered over transportation, and that's today. That has nothing to
do with all of the new developments where the cranes are in place, and it has zero to do with the
developments that we hope come and those developments will bring huge revenues in support of all of our
neighborhoods in the City. So, if we don't solve the transportation problem, we're going to severely depress
the economy that we all need, and the only — and the last opportunity we will have in our lifetime to address
this issue is now. So, that isn't on the agenda, but we want to bring this forward. And we also have to get
this done in the month of January to get this bridge stopped. So, that's an informational piece tied to this.
Vice Chairman Gort: OK. But next time take the Rapid — Downtown People Mover get out faster.
Commissioner Winton: It doesn't go both ways very well.
Vice Chairman Gort: OK. This motion, would that hinder anything in which you're working on?
128 December 14, 1999
Commissioner Winton: I don't think so.
Vice Chairman Gort: OK.
Commissioner Sanchez: I'm sorry. I think that's the same question that I wanted to ask. Would this motion
hamper the request for one-year from, MPO7
Commissioner Winton: No, it doesn't. No. We can move forward with this.
Commissioner Sanchez: OK. Okee doke. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-952
A RESOLUTION OF THE MIAMI CITY COMMISSION, (WITH
ATTACHMENTS), AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
OF APPROXIMATELY 1,745 SQUARE FEET OF CITY OWNED LAND
LOCATED ALONG THE SOUTHWEST 2ND AVENUE BRIDGE, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF, FOR THE SOLE PURPOSE OF PROVIDING
FOR SLOPING, GRADING, TYING IN, HARMONIZING AND
RECONSTRUCTING EXISTING FEATURES OF THE PROPERTY WITH
HIGHWAY IMPROVEMENTS, DURING THE PERIOD BEGINNING WITH
THE DATE OF EXECUTION AND CONTINUING UNTIL COMPLETION
OF THE TRANSPORTATION PROJECT, BUT NOT LATER THAN THE
LAST DATE OF DECEMBER, 2004; WITH THE TERMS AND
CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID
AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Gort: Twenty-two,
129 December 14, 1999
Commissioner Sanchez: Twenty-one.
Commissioner Regalado: Twenty-one.
Vice Chairman Gort: Merchant's provision. The expenditure of the MRC (Miami Riverside Center)...
Commissioner Teele: Commissioner Winton? Commissioner Winton?
Commissioner Winton: Yes, sir.
Commissioner Teele: On the issue that you just discussed, at some point could we have a Sunshine law
meeting on that whole issue of that? Because it really is going to require, you know — the MPO is finally
beginning to listen to the City on some of this. I mean, we're totally out of the loop. We're getting our way
in, and I really think that there's nothing more important than we've got to do in the future, unless we're just
going to have major problem. So, I really would like to have a Sunshine law meeting with you on just the
issue of the second...
Commissioner Winton: I would love to. I think that's a great idea.
Commissioner Teele: All right. Thank you.
Commissioner Winton: How should we go about doing that?
Vice Chairman Gort: It goes on the Sun.
Commissioner Teele: Well, find a date and time that's convenient, then we'll work through the Clerk and the
Attorney's Office put a notice, and we'll just have a meeting.
Commissioner Winton: Great.
Commissioner Teele: All right. In the — you know, here in the City Hall or...
Commissioner Winton: Right.
Commissioner Teele: ...their office.
Vice Chairman Gort: I'd like to give you a suggestion, Art, if you want. Maybe you could have that meeting
at the DDA (Downtown Development Authority), and make the DDA part of that, too.
Commissioner Teele: That would be great.
130 December 14, 1999
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- LE L LE S AND T�t31�1#bbAT>tOX§ �°� E�.E� �A%` SEI�'�3 E 11#y
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1�$g 5jj AOM CAPITAL MkbVPMtNT PkO%CT.
Vice Chairman Gott: All right.
Commissioner Winton: Yeah.
Commissioner Teele: That would be great.
Vice Chairman Gott: Okee doke. Thank you. Twenty-one. Emergency expenditure for the MRC, eighteen
thousand six hundred and sixty-five.
Commissioner Sanchez: Mr. Vice Chair, I have some concerns on that one.
Vice Chairman Gott: OK.
Commissioner Sanchez: First of all, I don't see the emergency in it and, second, it's ratifying it. On the...
Commissioner Winton: Second of what?
Commissioner Sanchez: Second -- I don't see ratifying it before. You know, they ratified an emergency and
I think it shows a pattern that sometimes we tend to use the word emergency a lot on these items. You know
if you look at City Hall here, we have one great security guard, Mike Shapiro. Here you're asking for golf
carts to patrol a parking lot, which is, as it is security gates — I mean, there's plenty of security at the MRC.
We provide a good service in security; we — you have gated...
Ms. Judy Carter (Director, Purchasing): No. This is for the electric vehicles, sir.
Commissioner Sanchez: Yeah. But it's for the what? It's for the MRC?
Mr. Donald Warshaw (City Manager): No. No.
Ms. Carter: No, no, no. This eventually is going to be...
Mr. Warshaw: The electrical outlets are being put into the MRC building because that's where the electrical
vehicles are going to be stored.
Ms. Carter: Will be stationed. Exactly.
Commissioner Teele: You're talking about cars?
Ms. Carter: Yes, cars.
Commissioner Sanchez: Oh, cars. OK.
Vice Chairman Gott: Yes, for the cars.
131 December 14, 1999
4
t
Mr. Dean De Jong: Fifteen Ranger, Ford Ranger Pick-up Trucks.
Ms. Carter: Right.
Vice Chairman Gott: OK. Any further discussion?
Commissioner Sanchez: OK.
Commissioner Teele: Who's going to get use of them?
Vice Chairman Gort: We are.
Commissioner Sanchez: Electrical vehicles.
Mr. De Jong: They will be used primarily by B&Z (Building and Zoning).
Commissioner Sanchez: But, listen...
Commissioner Teele: By whom?
Commissioner Sanchez: ... before we go on further, you know, the joke is on me. I thought it was golf carts.
Mr. De Jong: It's OK.
Ms. Carter: No, cars. Electrical cars.
Commissioner Sanchez: That you were going to use at the MRC, so I apologize for that.
Commissioner Teele: It is golf carts. It's electrical cars.
Commissioner Sanchez: Well, it better be a car, not a golf cart to patrol the parking lot. OK.
Vice Chairman Gort: To be used by the inspectors and to save gas.
Commissioner Teele: You know, I'm just going to say one thing. It comes to us as an emergency, and I just -
- I don't understand government. I've been in it long enough that I should. On August 25`h Jim Kay accepted
-- the purchase order, you know, went out and this thing went to the Manager when, in July?
Ms. Carter: Yes, yes.
Commissioner Teele: July 130' Mr. Shaw, Steven F. Shaw sent to the Manager. And here it is four months,
six months, five months later, July to December, it's an emergency to us. And it really -- it's just not fair to...
Mr. Warshaw: And if I could just say, Commissioner, some times because of the length of some of the
agendas, we push these back. You're right the emergency isn't today. The emergency was approving my
declaring it an emergency. My doing it back in July. And you're right, it's kind of a long time before it's come
to you, but there's no emergency today. It's your ratifying my action at the time I did it. It was an emergency.
And sometimes, when there's more than 60 items on the agenda, I push these to the next meeting because
there's just not enough room on the agenda. I'll try to make sure they are more timely.
132 December 14, 1999
R Y"
Vice Chairman Gort: OK.
Commissioner Teele: Thank you for taking that action.
Vice Chairman Gort: There's a motion. There's a second. This is a resolution.
Commissioner Winton: Second.
Vice Chairman Gort: Who moved it?
Commissioner Winton: Oh.
Commissioner Sanchez: I'll move it.
Vice Chairman Gort: OK. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-953
A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR FIFTHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING THE INSTALLATION OF ELECTRICAL OUTLETS
AND MODIFICATIONS TO THE ELECTRICAL SERVICE, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION BY
MAGESCO, INC. TO PROVIDE ELECTRICAL SERVICE FOR FIFTEEN
ELECTRIC ALTERNATIVE FUEL VEHICLES TO BE LOCATED AT THE
MIAMI RIVERSIDE CENTER PARKING GARAGE; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $18,665, FROM THE
CAPITAL IMPROVEMENT PROJECT NO.311042 FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
133 December 14, 1999
0 0
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��1'�'�t��', '�5�,�35j; ��i.t���'i'E �'t�1%S �It(5fvt ��><.,ts✓>v
Vice Chairman Gort: Resolution ratifying Manager's action. Emergency purchase of repair to the air
conditioner.
Commissioner Sanchez: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-954
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR
FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND
CONFIMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING THE REPAIRS TO THE AIR CONDITIONING
CONDENSING UNIT AT THE POLICE DEPARTMENT HEADQUARTERS
BUILDING, BY CARRIER CORPORATION, IN AN AMOUNT NOT TO
EXCEED $5,735; ALLOCATING FUNDS THERFOR FROM THE POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
134 December 14, 1999
i
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OW FROM S i5byi1r5 T6 $7$1 1 Gy N,.TEE �CttiNT"CTS '�VIT T SVE1vbOIizS,
AEpkO�Eb,ELIRSCIAt I' Tt� RESOLlv1TIt N 9$111$, FOk dASOLi AND MSEL MLTO
,
k')10lEASE I1�T T'piR1��E tDF FUEL, FOR 7`ITE DEPARTMENT OFENERAIJ
I�'VICES AI? NIST ' TION, ALLOCATE JNDS PROM[ DEPARTMENT OP GENERAL
I f s AD; IS ► o v� XV ,, EQtjIPbAkN GARAGE.
Vice Chairman Gort: Here's another one. That's why we need electrical cars. Emergency contracts increase
of gasoline and diesel fuel.
Mr, Donald Warshaw (City Manager): This is based on cost increases.
Vice Chairman Gort: Right. I think we've all experienced that.
Commissioner Sanchez: What is gas increased by, what a hundred and some percent?
Mr. Dean De Jong (Acting Director, GSA): A hundred and two percent since the first of January.
Commissioner Winton: It's amazing.
Vice Chairman Gort: Do I have a motion?
Commissioner Sanchez: Why don't you buy more electrical cars.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Any discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
135
December 14, 1999
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 99-955
A RESOLUTION OF T14E MIAMI CITY COMMISSION BY A FOUR FITHS
(4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
ANI) AUTHORIZING AN INCREASE FROM $660, 116 TO $787,116, IN
THE CONTRACTS WITH SIX VENDORS, AS LISTED IN EXHIBIT "A"
ATTACHED HERETO, APPROVED PERSUANT TO RESOLUTION NO. 98-
1118, FOR THE PROVISION OF GASOLINE AND DIESEL FUEL, TO
COVER THE INCREASE IN THE PRICE OF FUEL, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION;
ALLOCATING FUNDS THEREFOR FROM DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, HEAVY EQUIPMENT GARAGE,
ACCOUNT CODE NO. 509000.420901.6.715.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Is this for both Fire and Police or just for one?
Mr. De Jong: This particular proposal is primarily for Solid Waste, heavy equipment.
Commissioner Sanchez: Solid Waste. Heavy equipment. So, I'm sure this...
Mr. De Jong: Fire. Those things. Police will be something that will be coming up later.
Commissioner Sanchez: OK. All right.
Commissioner Teele: Would you do me a big favor? Would you go ahead and do an amendment to these
budgets so that we don't wind up with another emergency in August?
Mr. De Jong: Yes, sir.
Commissioner Teele: I mean, all the budgets are going to be affected by this.
Mr. De Jong: Yes.
136 December 14, 1999
Commissioner Teele: So, there's no need in waiting...
Mr. De Jong: Absolutely. It's on the docket. What we want to do is, we want to give it a couple of months to
see what happens, so we come in with a reasonable figure to you. But absolutely correct, and that will be
done. I guarantee it.
Commissioner Teele: All right.
Vice Chairman Gort: Thank you.
1YSlutt t 'OF Pkt�bD M,NAGEt'S .iF)IIlG .OF
�>�t��l�1r�Y,n . A1� ;A'��'RO""�I1�C :. P1RO�i�RE1Vd1E�1'i' t)F OYt�Oii�AL �QU�PIVI�N'I'
1VL4N�IFA��'�iS (`�f?El�")FA.R`I'S A.�db Itlk✓PAIIt 'SEIiVIC)!;S FOR T1EIlE LItr14iT :FLEET.
S)�Yt"VIC1� CEI�IT�112, FItONt ��ii:ISTIlVG ($12$,ODa).
Vice Chairman Gort: Item 24. Resolution...
Commissioner Teele: Did we pass that?
Vice Chairman Gort: Yes, we did. —Ratifying the City Manager's action, extension of the purchase of OEM
(Original Equipment Manufacturers) parts and repair services. This is need for...
Commissioner Teele: So moved.
Vice Chairman Gort: Charlie, were you buying these things? Is there a motion? Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: OK. Discussion. Charlie.
Mr. Charlie Cox: Charlie Cox, Local 1907, 4011 West Flagler Street. I want to inform you, like I have in the
past, and keep informing you, since the Police Department took over the Motor Pool, we had it to where
we're going to put everything out to bids, and we're going to privatize the majority of the work. And just to
go and show you what they've done in their budget — because all you have to do is at your budget...
Vice Chairman Gort: Charlie, I'm sorry. Hold it a minute. Can you ask the people outside to take their
meeting some place else, please? Go ahead, Charlie,
Mr. Cox: Just to show you what they've done, look in their budget, and they've put in five thousand dollars
($5,000) for overtime for the existing mechanics that you've got here. Yet, in return, they've put in five
hundred thousand dollars ($500,000) for the vehicles to go outside to be maintained, and that's only a bit of it.
Because let me guarantee you. They're going to be coming back and coming back and coming back because
30 cars have been sent out. We've worked, I think, four weekends. The mechanics, one day. Now, you can
ask them -- they've got to give ,you the numbers -- on how much it cost them for their hourly rate when they're
putting it out to these dealers that they're just randomly picking cars. Now, they're going to try to tell you that
it's only for engine repairs, and you know what? You can do the same thing I did. I'm tired of bringing the
information here warning you and, then, nothing ever gets done. They're going to keep coming back for
more money for parts, more money to go outside, and the cheapest price they get for any of these dealers they
go to is forty-two dollars ($42) an hour. Then they've got to pay ten dollars and, plus, the dealerships have to
make money. Car dealerships don't make money off of selling cars. They make money off their service
137 December 14, 1999
departments. That's how they exist. Now, all onr mechanics are required to be ASE (Automotive Service
Excellence) certified, just like their mechanics are there, and all our standards have been brought up, and if
they didn't do it, these people were gone or they're not promotable and, yet, we're going to spend a hundred
times the amount of money on putting cars out instead of fixing them in-house. And you know what the
amazing part, Art loves to kill me where I live. OK.
Commissioner Teele: I don't love to you.
Mr. Cox: But, yet, you know what, every employee's business is in this City of Miami, and I guarantee you
that we eat our meals here; we get our haircuts here; we buy our gas here and, yet, not one of these
dealerships are in the City of Miami.
Commissioner Teele: What?
Mr. Cox: And, yet, we can compete, we have to compete against our jobs, and we're going to lose every time
because if you're going to keep throwing away money and throwing away money, we're going to lose. And.
Commissioner Teele: First of all...
Mr. Cox: ...you know what, this is pennies. Look right around the corner because you're going to get
another ordinance and another ordinance and another ordinance.
Commissioner Teele: Charlie, first of all, you have a car, right?
Mr. Cox: I absolutely do.
Commissioner Teele: We both know that the worst place to take a car for regular service is where?
Vice Chairman Gort: The dealer.
Commissioner Teele: What's the most expensive place you can do it?
Mr. Cox: The dealer. But you know what?
Commissioner Teele: It's a no-brainer.
Mr. Cox: In our wisdom we keep doing it, and it's going to keep coming back to you and keep coming back
and it's going to be an emergency...
Vice Chairman Gort: Charlie, I've got your message and I'm glad you brought that up because a little while
ago we discussed the same item in the Building Department, and my understanding then, that the building
director, at that time, came back saying "Look, I can do a lot better in-house than I can do sub -contracting."
If I do subcontractors, it's going to be a lot more expensive. Give me the opportunity to do it in-house. And I
think that's something we need to look at. I think I'd like to get a report of what would it cost us to perform
the same thing we're paying for outside, all right?
Mr. Warshaw: OK?
Vice Chairman Gort: Now, my understanding is, this is already an expenditure that's taking place?
Mr. Warshaw: Yes, sir.
138 December 14, 1999
Vice Chairman Gott: OK.
Commissioner Regalado: Wait, wait, wait.
Vice Chairman Gort: This is an expenditure that's taking place.
Mr. Warshaw: And I'd like to explain it.
Commissioner Sanchez: Ratifying it.
Vice Chairman Gort: OK. Wait a minute.
Commissioner Regalado: This has been spent already?
Vice Chairman Gort: Right.
Mr. Warshaw: Yes, sir.
Vice Chairman Gort: Let the Manager explain it.
Mr. Dean De Jong: Dean De Jong, Director —Acting Director, GSA (General Services Administration). The
reason for this emergency is because we put out bids to get quotes for the new year, and the wording on those
bids, as it turns out, would have cost the City more money. So, instead of accepting the bids, the bids were
rejected in order to continue to get the parts and get the service. We, basically, extended the contract and, as
a result of the rebid, we're saving something on many of these items, like twenty dollars ($20) an hour in
labor. So, the bottom line is, we did it as a measure to save the City money, but we needed to continue to get
the parts and do the services that we needed to do to put the fleet out.
Vice Chairman Gort: Question: Out of the hundred twenty-eight thousand dollars ($128,000), what
percentage was in parts and what percentage was in labor? Do you have that breakdown?
Mr. De Jong: I can't tell you exactly. It's approximately 50/50.
Vice Chairman Gort: Fifty/fifty?
Mr. De Jong: Right. Which is what the general expenditure on the contract is, per year, Commissioner.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: You know, again, I think the Unions play a very — in all seriousness, the unions play a
very valuable role in helping us to figure out issues where we need to focus, and I think Mr. Cox is one
hundred percent on target. The question is why do we have to have the manufacturers do this work? Is this
warranty work? Is that what we're saying?
Mr. De Jong: No, sir. This work is primarily the rebuilding of engines, the rebuilding of transmissions. We
do not have the capabilities right now in our shop to rebuild transmissions. We've done studies with our
mechanics and it's cheaper for us to do a major engine overhaul via the manufacturers as opposed to our own
mechanics.
139 December 14, 1999
Commissioner Teele: But I think -- and I don't want to belabor this because I think we need to defer this
issue and tie this to the report that the Chairman has just asked for. But, again, you know, I'm not a
cheapskate, but I don't waste money. Nobody would take a car and do a rebuild and go strictly to the new car
dealer...
Vice Chairman Gort: No way.
Commissioner Teele: ...unless -- I mean, it's the pride of your life or it's something that you plan to keep for
30 years. I mean, that's just not the way it really works when you've got to pay the tab. I mean, I'm looking
at these dealers. I didn't focus on it, but they're all wonderful dealers, you know. Grand Prize Motor at 152nd
Street, Southwest, and Tropical Chevrolet at 88 Biscayne Boulevard and Angel Buick, Coral Gables. There
is not one of the City of Miami vendor. And it just seems to me that if we're talking about motor overhauls,
there have got to be City of Miami vendors.
Unidentified Speaker: Tropical Chevrolet.
Mr. De Jong: Anthony Abraham is...
Ms. Judy Carter (Director, Purchasing): Yeah, Anthony Abraham.
Commissioner Sanchez: Anthony Abraham is?
Mr. De Jong: ...Abrams is one.
Ms. Carter: Anthony Abraham.
Commissioner Teele: Huh?
Commissioner Sanchez: Anthony Abraham.
Ms. Carter: Anthony Abraham Chevrolet.
Mr. De Jong: But, once again, in terms of the bids...
Commissioner Teele: But the question is, were there any other -- did Dade County or did the School Board
or anybody else have a bid like this on the street?
Ms. Carter: No, sir.
Commissioner Teele: There were no.
Mr. De Jong: No,
Commissioner Teele: ...other bids like this on the street?
Ms. Carter: No, not the one in which we bid out. No, sir. We always check that first.
Commissioner Teele: Well, I think we ought to go ahead and defer this, pending the request that the
Chairman has asked for. Because I think the best way to get that report back is to bring this issue back, and I
certainly think this is something we should look at very seriously.
140 December 14, 1999
Vice Chairman Gort: The maker of the motion, will you take your motion back, and the seconder of the
motion?
Commissioner Teele: I made the motion, but I really thought it was OEM parts. I mean, I can see...
Vice Chairman Gort: No. I thought it was parts, too.
Commissioner Teele: ...the utility of buying original equipment manufactured parts, but I really have a hard
time justifying...
Commissioner Sanchez: Repairs.
Commissioner Teele: ...why all of the repairs have to go for OEM, especially when these vehicles — if a car
needs the engine rebuilt, it's got a hundred thousand miles on it.
Vice Chairman Gort: OK. The maker of the motion takes his motion. Second.
Mr. Warshaw: We'll bring it back.
Vice Chairman Gort: OK.
Commissioner Sanchez: But I just want to ask a question. Charlie, do we have people that are qualified to do
that type of repairs...
Mr. Cox: Of course.
Commissioner Sanchez: ...that work in the City of Miami?
Mr. Cox: We absolutely do. And I can tip you off to something else that -- you know what, over the years
we've made big mistakes here. We send every bit of our bodywork out.
Commissioner Teele: Every what?
Mr. Cox: We had every bit of our bodywork out. Why? Because we don't have the room any longer to be
able to fix cars. We sold our body shop on the other side of property maintenance. So, I mean, you're
probably looking at another six hundred thousand to better a year on bodywork that we're sending out, even
though we have people that are classified body repairmen, and now they're doing mechanical work. But we
have the same mechanics with these same ASE certifications, as they're required in the dealerships.
Commissioner Sanchez: So, you're saying we have the resources in-house to provide that service?
Mr. Cox: Well...
Commissioner Regalado: No body shop.
Mr. Cox: ... I'm going to tell you that...
Commissioner Sanchez: Not body shop, but repairs.
141 December 14, 1999
Mr. Cox: ...we don't have enough mechanics to handle the load. I will be honest with you there. We don't.
Because we haven't hired them. But, by the same token, don't kick me in the teeth by sending five hundred
thousand dollars ($500,000) out and keeping five thousand dollars ($5,000) of overtime when -- you know
what, a lot of these guys are hungry and they want to feed themselves but, you know what, we don't -- and I'll
be so glad when you see the information because you know what, it irks me when I see a battery going to the
factory to be changed out, OK? Irks me when I see a flat tire going to the thing -- the factory to be changed
out. It irks me when I see a car listed as a "check over" when they went out and spent tons of money on
computers to do the same things that the factories are doing. Now, if they were engines and stuff, it's a
different story. But wait until you get their own reports and see how many are engines.
Vice Chairman Gort: OK. Thank you.
Commissioner Regalado: Mr. Chairman, if I may. Just as for -- in the City of Miami fleet you give us, how
many cars still do have guarantee that...
Mr. Cox: Yes, sir.
Commissioner Regalado: ...you take to different dealers, and how many cars maybe have or any vehicles
have more than a hundred thousand miles, for instance? I don't think there are many but -- because I've seen
the area.
Vice Chairman Gort: Thank you.
36 >ACCEPT. Bib OF PETERSEN INDUSTRIES, INC., FOR 11 HYDRAULICALLY
OPERATED, TRASH LOADERS, FOR THE ,DEPARTMENT OF GENERAL SERVICES
AD1II�STRATION.TO BE:USED BY THE DEPARTMENT OF SOLID:WASTE, ($1,089,188.45);
ALLOCATE FUNDS FROM CAPITAL; IMPROVEMENT PROJECT.
Vice Chairman Gort: Item 25. Resolution authorizing the purchase of trash loaders.
Commissioner Teele: So moved.
Vice Chainnan Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second. Well —second.
Vice Chairman Gort: It's been moved and second. Discussion?
Commissioner Sanchez: Thirty-five invitations went out and only two were received?
Mr. Dean De Jong (Acting Director, GSA): That's correct. That's correct.
Commissioner Sanchez: There's nobody local for that, right?
Mr. De Jong: No.
Ms. Judy Carter: (Director, Purchasing) No, not for heavy equipment.
Mr. De Jong: And, once again, we did check. There was no existing bid out there.
142 December 14, 1999
Ms. Judy Carter: And there are no local vendors that provide this type of equipment.
Commissioner Sanchez: I figured.
Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-956
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE
BID OF PETERSEN INDUSTRIES, INC., UNDER BID NO. 98-99-152 FOR
THE PURCHASE OF 11 HYDRAULICALLY OPERATED TRASH
LOADERS, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION TO BE USED BY THE DEPARTMENT OF SOLID
WASTE, AT A TOTAL AMOUNT NOT TO EXCEED $1,089,188.45;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NOS. 353010 ($319,188.45) AND 353018 ($770,000.00).
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Regalado: One question. Are these new equipment going to be added or you're going to do
away with some of the old equipment?
Mr. De Jong: It's basically replacement. Most of the cranes we have are over 10 years old, their useful life is
long -gone, high maintenance, high cost to maintain. This is to replace some of that old stuff.
Commissioner Sanchez: And what are we doing with the surplus equipment that we have that we no longer
use? Do we sell them to other small cities?
Mr. De Jong: We can auction; we can offer it — it's really...
Commissioner Sanchez: To try to offset some of the costs.
Mr. De Jong: Yes, absolutely.
143 December 14, 1999
Mr. Warshaw: Yeah. And on fire equipment, I've talked to the Fire Chief on the issue of selling it. Some of
the Commissioners have come forward about donations, if it's very old, to some foreign countries that have
asked for equipment in the past. We've had more surplus, ,you know, this past year than we've had in a long
time.
Commissioner Sanchez: Well, I don't know about donations. You know, we need all the money we could
get.
Mr. Warshaw: Well, some of it's real old and it's...
Vice Chairman Gort: Some of it you wouldn't — don't' even buy it. OK. Thank you. Did we move on it?
We passed it.
- - - o......... i rvrirla�ts►yHu.,vr JVLIL WAISTE'
URSUANT TO 1N'TERLCCAL AGREEMENTSWIT11 M)1AMI=DARE
fDS.
Vice Chairman Gort: Twenty-six. Resolution authorizing the payment to Miami -Dade County for the
disposal of solid waste material collected and by the City of Miami.
Commissioner Teele: Now, I would like to know —now, you know, here again, folks. Now, just listen to
this. The City of Miami is in a very awkward situation. We have a parking fee. Mr. Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Commissioner Teele: I don't mean, at all, to be impolite but I wanted you to hear this because this is a very
delicate issue. We're being asked to pay eight million dollars ($8,000,000) for solid waste fees, and what we
don't want to get into is an escalating war here now. OK. Is it eight million?
Commissioner Sanchez: Yes.
Commissioner Winton: Yes.
Mr. Vilarello: Eight point three.
Commissioner Teele: How much money is the county paying us on our parking fee?
Mr. Vilarello: Apparently, they are providing us a report now that they have not paid us anything. They are
collecting.
Commissioner Teele: OK. Now, you know, I really believe that the only gentlemanly thing to do here, and
lady like thing to do, is to provide them with the same information and let's place this money in an escrow,
exactly the way they are doing it, until we can get this thing resolved. But, you know, somewhere we've got
to stop being the weak sister in this thing and we've got to be a stronger sister or a stronger brother. I don't
want to have an escalation, but the fact is this, eight million dollars ($8,000,000) — the largest single
expenditure of our Solid Waste Department is the money we pay to the County in tipping fees. Our budget
for Solid Waste is what, twenty million dollars ($20,000,000)?
Mr. Clarance Patterson (Director, Solid Waste): Yes, approximately that.
144 December 14, 1999
r
i ;
Commissioner Teele: Eight million, you know, and we're not getting our parking fees. I move that the eight
million dollars ($8,000,000) be placed in an account, and that the County be provided a full accounting,
including interests payments, when — the matters relating to -- the parking matters are resolved or when the
Managers can come forth xvith a solution on this matter.
Vice Chairman Gort: It's been moved. Is there a second? There's a motion. Is there a second? is there a
second?
Commissioner Sanchez: You know, what would happen if they — what would happen...
Vice Chairman Gort: I second the motion.
Commissioner Sanchez: You second the motion. What would happen if Dade County or these sites will
close the doors for us and we get log back without having a place to dump our trash?
Vice Chairman Gort: Well, we might go to some other facility that might be a lot lower, and we might be
able to do that. We did that in the past. And, at the same time, it's to the convenience of the County...
Commissioner Teeie: Let me tell you something.
Commissioner Sanchez: Hold it.
Commissioner Teele: The dumbest thing the City ever did was sign the — I was the chairman of the County
begging the cities to sign it. It was a dumbest thing a city could have done would sign the flow agreement. 1
mean — because what you did is, you locked yourselves into a spot mark — into a contract price that's
substantially higher than the spot market.
Commissioner Sanchez: There's a reaction to every action, and I think, if we take this action, the County
might react and, somehow, during the process, we don't have any sites to dump our trash and, then, we're in a
situation where it's going to be very awkward for us. On the parking surcharge issue, it's in court right now.
I believe they are suing us on that, if I'm correct? The other issue is, I don't know what grounds we have,
except that our tipping fees are too high.
Commissioner Winton: Well, Commissioner Sanchez, I think — I agree with you. I think there's really two
very separate issues on the table here. One issue is the economics of this situation, and I think that issue --
and I have some questions myself about just the economics, and that's a question by itself. But the other is
this particular action and, frankly, I don't see these two in the same category. The parking fee is a new fee
that's being challenged through the courts and this is simply a fee for services. We're getting the service.
We've got to pay for it. So, I'm not — Commissioner Teele, I'm not opposed to us figuring out ways to
appropriately fence with the county but I'm not sure this is the right vehicle to use for that fencing.
Commissioner Teele: I want to be very clear. I'm not proposing that we not pay them. I'm proposing that
we escrow the money until the matter is resolved. And I think in your business and the business I'm in, if a
company has a problem, you know, you can say it doesn't relate to that particular line of work, but I tell you
one thing: if you owe a company money, they are going to cut you off on everything until you come to the
table on it. Look, Johnny, it's not a big deal for me, at all. I just think that the City of Miami needs to grow
up and be a big boy. You say it's just a parking fee, but I've got to tell you something. Tile parking fee for
us is the difference between whether or not we have a viable financial city or whether or not —1 mean — and
one is a nuclear bomb. The other is just a fee. If the County is able to successfully challenge our parking fee,
being a City Commissioner is going to be a very difficult process. Because not only are we going to have to
charge the maximum millage rates and the maximum fire fees and the maximum everything else that we
145 December 14, 1999
f
`t"
r
So,
didn't have the courage to do, we're not going to have enough money, and that's why this fee is so important.
e I Bathe know where you're coming from in the context of saying they're not of the same magnitude
because the fire —the parking fee for us is the only way we're balancing our budget right now. I mean —and
were it not for the parking fee...
Commissioner Sanchez: And the increase.
Commissioner Teele: You know, we've actually lowered taxes because of the parking fee. But what I'll do
is I'll withdraw the motion, Commissioner Gort. I appreciate you're seconding it, but I just don't think that
we should continue to pay out money like this and certainly, it's a -- it's just — you know, we got the deal we
got with the Performing Arts Center. I mean, when you look at all of these deals, everybody's saying, let's
go along. And the city gets —has gotten tattooed in all of these deals.
Vice Chairman Gort: Let me tell you something. And I think we signed an agreement in accordance to
comply with the other cities, because that was part of the negotiation that took place with the League of
Cities, and we want to help the County, we want to work with the County, but the County needs to work with
us also. Now, my understanding is, there's other alternatives where this trash can be taken, so I wanted to
make sure that people know that we do have other alternatives. And my understanding, some of the other
alternatives, where the prices were even lower.
Commissioner Teele: Absolutely.
Vice Chairman Gort: So, that's...
Commissioner Winton: So, let's...
Vice Chairman Gort: And that's information I've gotten from your department in the past.
Commissioner Winton: And let's go to those questions, then. Those are...
Vice Chairman Gort: OK. So, that's information I've gotten in the past. So, don't tell me that now, OK?
Go ahead. We have a motion.
Commissioner Teele: I'll withdraw my motion.
Vice Chairman Gort: He withdraw his motion. Do we have a motion to...
Commissioner Teele: But let me just say this. The deal relating to the solid waste is a contractual agreement
that we have, and this not -payment, in no way, repudiates that agreement. That would take a separate course
of action. I think repudiating that agreement, something you say you want to look at, is something that you
can look at, but I think that's going to be a lot more difficult than withholding payment or paying the fund the
same way you would do if you own a piece of ,
property and the landlord wasn't keeping the building or
making their —doing the right thing, you'd put it into a trust fund until you resolved the issues.
Commissioner Winton: So, are you saying that we cannot get out of this — that this trash agreement we're
stuck with, no matter what. Is that what you're saying?
146 December 14, 1999
Commissioner Teele: I'm not going to say that, but 1 can tell you this: they had a whole lot of lawyers, a
whole lot of Wall Street lawyers tattooing and putting this deal together, and I would certainly yield to the
City Attorney. But I'll tell you one thing: there's a whole bunch of bonds that, as soon as everybody signed
up, they ran out and refinanced the bonds and tied these agreements to bond payments and bond covenants,
and the entire County's Solid Waste system is predicated on the bond payments and the City of Miami
making these payments. So, you know, we've got the same problem. If everybody — if every parking lot
owner were to do what the County is doing, we'd be in an economic chaos in a few hours.
Commissioner Winton: Well, I think some of them are, aren't they?
Commissioner Sanchez: Well, if I could direct the City Manager to provide me a copy of the contract
Commissioner Teele: Which contract?
Commissioner Sanchez: Do we have a contract?
Mr. Patterson: It's an interlocal agreement.
Commissioner Sanchez: Inter local agreement. Well, I would like a copy of that interlocal agreement.
Mr. Patterson: OK.
Commissioner Winton: So, could you...
Vice Chairman Gort: OK. Make a motion. Let's make a motion for Item 26, a resolution authorizing
payment. Do I have a motion?
Commissioner Sanchez: I'll move it.
Vice Chainnan Gort: OK.
Commissioner Winton: Second.
Vice Chairman Gort: There's a move and second. Any discussion?
Commissioner Sanchez: Discussion, discussion.
Vice Chairman Gort: Discussion. Yes.
Commissioner Winton: My question is still on the table. I'm not sure — I mean, Commissioner Teele didn't
want to exactly answer that, and I understand why. Are we contractually obligated to maintain this contract
in this price and structure with the County?
Mr. Vilarello: Yes, sir. The City has entered into an interlocal agreement with the County for us to provide
our waste stream through the County facilities.
Commissioner Winton: For how long?
Mr. Vilarello: I don't...
Mr. Patterson: Five years.
147 December 14, 1999
Mr. Vilarello: For five years.
Commissioner Winton: And this is year what?
Mr. Patterson: I think this is the second year.
Mr. Vilarello: And I believe there are automatic renewal provisions in there as well.
Mr. Patterson: There is renewal provision.
Commissioner Sanchez: Is there an automatically renewal?
Commissioner Winton: After five?
Mr. Patterson: After five, yes.
Commissioner Sanchez: Then we're locked in.
Mr. Patterson: No, we're not locked in. We can go elsewhere if we want to, but where is that elsewhere?
Commissioner Sanchez: Well, that's...
Commissioner Winton: Broward County.
Commissioner Sanchez: I wanted to ask you that.
Mr. Patterson: Broward County and, of course, as Commissioner Gort said, he was told at one time it was
cheaper to go to Broward County than to do it here.
Commissioner Sanchez: Mr. Patterson, I apologize. If I can just — last year we — during the same time, I
think we had a conversation in front of the commission where, yeah, we would have to go some place else
where it was cheaper; however, if we were to compare the travel time and the fuel and the tires...
Mr. Patterson: That's where I was going.
Commissioner Sanchez: ...and the expenses, it was probably going to be more. But it's just — you know, we
need to study all the avenues to see if we have any open avenues or open doors to lower the expenses -- later
on we could pass it on to the taxpayers.
Vice Chairman Gort: OK. There's a motion. There's a second. All in favor state by saying "aye."
Commissioner Teele: I vote no.
Vice Chairman Gort: Thank you. Item 27. One no. Show Commissioner Teele as a no.
148 December 14, 1999
0
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-957
A RESOLUTION OF THE- MIAMI CITY COMMISSION AUTHORIZING
PAYMENT TO MIAMI-DADE COUNTY FOR THE DISPOSAL OF
CERTAIN SOLID WASTE COLLECTED iN AND BY THE CITY OF MIAMI
IN AN AMOUNT NOT TO EXCEED $8,384,400 FOR A PERIOD OF ONE (1)
YEAR PURSUANT TO iNTERLOCAL AGREEMENTS ENTERED INTO ON
SEPTEMBER 29, 1995, BY AND BETWEEN THE CiTY OF MIAMI AND
MIAMI-DADE COUNTY, FLORIDA ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 422001.320302.6.53 1.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
38.E AUTHORIZE MANAGER TO 'ACCEPT 3 GRANTS FROM MIAMI-DADE COUNTY:
$51783:39 _TO,REHIRE A CERTIFIED THERAPEUTIC RECREATION SPECIALIST AND TO
EXPAND THE EXISTING HANDICAPPED ACCESSIBLE WALKWAY SYSTEM AT MERRIE`
CHRISTIVIAS PARK; $61;t138.61 'TO HIRE A CERTIFIED THERAPEUTIC` RECREATION
SPECIALIST, AND' TO INSTALL A NEW LARGER HANDICAPPED ACCESSIBLE
PLAYGROUND AT KINLOCK PARK; AND $58,878 'FOR THE DESIGN ANC
CON$TiRUCTTON.OE A WHEELCHAIR ACCESSIBLE TRAIL, AT S][MPSON PARK.
Vice Chairman Gort: Authorizing the acceptance of three Miami -Dade County grants. It's fifty-one
thousand seven eighty-three, sixty-one thousand one thirty-eight, and fifty-eight thousand. Do I have a
motion?
Commissioner Sanchez: What is this?
Vice Chainnan Gort: Accepting money from the Mayor of Dade County.
Commissioner Regalado: Move it.
Vice Chairman Gort: For a grant. There's a motion, moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye."
149
December 14, 1999
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-958
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO ACCEPT THREE (3) GRANTS FROM MIAMI-
DADE COUNTY, FLORIDA, (1) IN THE AMOUNT OF $51,783.39 TO
ENGAGE A CERTIFIED THEREAPEUTIC RECREATION SPECIALIST
AND TO EXPAND THE EXISTING HANDICAPPED ACCESSIBLE
WALKWAY SYSTEM AT MERRIE CHRISTMAS PARK, (2) 1N THE
AMOUNT OF $61,038.61 TO ENGAGE A CERTIFIED THERAPEUTIC
RECREATION SPECIALIST AND TO INSTALL A NEW LARGER
HANDICAPPED ACCESSIBLE PLAYGROUND AT KINLOCH PARK AND
(3) IN THE AMOUNT OF $58,878 FOR THE DESIGN AND
CONSTRUCTION OF A WHEELCHAIR ACCESSIBLE TRAIL AT SIMPSON
PARK; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID GRANTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
150 December 14, 1999
BE
Vice Chairman Gort: Twenty-eight, an ordinance establishing a special revenue fund for the City programs
for persons with disabilities.
Commissioner Sanchez: So moved.
Albert Ruder (Director, Parks): It's a companion item.
Vice Chairman Gort: Right. Is there a second?
Commissioner Regalado: Second. Second.
Vice Chairman Gort: OK. It's an ordinance. Read it. Roll call.
An Ordinance Entitled —
AN ORDINANCE ESTABLISHING SPECIAL REVENUE FUND ENTITLED "CITY OF
MIAMI PROGRAMS FOR PERSONS WITH DISABILITIES DADE COUNTY ADA GRANT"
AND APPROPRIATING FUNDS IN THE AMOUNTS SPECIFIED AS FOLLOWS: $58,878
FROM 1996-1997 GRAND FUNDS; $61,038.61 FROM 1997-1998 GRANT FUNDS; AND
$51,783.39 FROM 1998-1999 GRANT FUNDS, CONSISTING OF THREE (3) GRANTS
FROM MIAMI-DADE COUNTY, OFFICE OF ADA COORDINATION, AUTHORIZING THE
CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE
NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed
on first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
151 December 14, 1999
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YAIbANT �ATtCUS LOCATED IN TIM UTTU RAITINtIGIMOkffOOD.
Vice Chairman Gort: Thirty. A resolution awarding 17 city -owned parcel of Little Haiti Housing
Association, Inc.
Mr. Jeff Hepburn: Jeff Hepburn, Assistant Director of Community Development. This item is a resolution
that basically awards 17 city —owned residential lots to the Little Haiti Housing Association for the
development of 21 single family homes in that neighborhood.
Commissioner Sanchez: These lots are vacant?
Mr. Hepburn: That's correct.
Commissioner Sanchez: How did the City obtain them?
Mr. Hepburn: They were bought probably about three, four years ago with CDBG (Community
Development Block Grant) funds.
Commissioner Sanchez: CDBG funds. And the people...
Mr. Hepburn: Approximately about hundred and sixty thousand dollars ($160,000) worth of acquisitions.
Commissioner Sanchez: So, the properties were abandoned or in very poor condition?
Mr. Hepburn: They were vacant lots that were initially purchased for the development of single — new single
family homes by the City of Miami at that point in time. The City of Miami, at that point in time, basically,
had a program where the city was the developer. We had plans that we put out the bid through Public Works
and they were developed by general contractors. We did this in the neighborhoods of Allapattah...
Commissioner Sanchez: Before you bought those homes, the people that were living there.,.
Mr. Hepburn: No. These were essentially vacant...
Commissioner Sanchez: Vacant homes.
Mr. Hepburn: Vacant lots.
Commissioner Sanchez: OK.
Commissioner Winton: What's the experience level of Little Haiti Housing Association in the development
of single family housing?
Mr. Hepburn: Currently, the little Haiti Housing Association develops housing both — well, they have both
within the city of Miami and also in Miami -Dade county. We have worked with them in past years where, in
the northeast they've acquired FHA, VA, repossessed homes, rehabbed them and sold them to low and
moderate income families.'
152 December 14, 1999
o c�
Commissioner Winton: So, they have significant experience?
Mr. Hepburn: That's correct.
Commissioner Sanchez: But here's my question: Were any of these homes repossessed? Were any of these
homes obtained by eminent domain?
Mr. Hepburn: All of these properties were at arms transactions with the owners at that point in time.
Commissioner Sanchez: At that point in time.
Mr. Hepburn: Yes. There was no eminent domain. They were negotiated purchases at that point in time.
Commissioner Winton: I'm on a different track completely. I just want to make sure — I'm trying to
understand what the experience level is of Little Haiti in developing housing and, so, I think what you've told
me is that they have significant experience. So, they are a real good developer.
Ms. Gwendolyn Warren (Director, Community Development) And they have financing available.
Commissioner Winton: OK. Thank you.
Ms. Warren: And they have financing for the housing projects.
Commissioner Winton: Thank you.
Commissioner Sanchez: Who's the Commissioner for this district, Commissioner Teele?
Ms. Warren: Both Commissioner Winton and Commissioner Teele.
Commissioner Winton: Joe, I'm not sure — I mean, Commissioner Sanchez, I'm not sure I understand what
you're — what the point is that you're getting at here. You're trying to get to one.
Commissioner Sanchez: Well, let me tell you what my point is. There are homes and there are people that
live in these homes. And when they get to a position where...
Vice Chairman Gort: They are a vacant lot.
Ms. Warren: No, sir.
Commissioner Winton: They are not...
Commissioner Sanchez: OK, they are vacant homes. I know they are vacant home right now.
Ms. Warren: They are vacant lots.
Commissioner Winton: Vacant.
Commissioner Sanchez: They are vacant lots. Absolutely.
Ms, Warren: Yes, sir.
153 December 14, 1999
Commissioner Winton: No structure on them.
Commissioner Sanchez: But at one time they were homes. And you know, property goes down, people
qualify for assistance through either HOME or SHIP and then they don't -- for somehow they don't get the
assistance they need. Those properties deteriorate to a point where people come in and they buy these
properties and, then, later on, the situation was the city, but it could be some other people. My thing is, I
wanted to make sure -- first of all, I would request an inventory of all those lots to make sure that the people
that had those lots when they lived there -- which was a long time ago, and it is probably irrelevant now. I'm
just looking out for the best interest of the people when they — their houses deteriorate. They qualify for
assistance, especially in target areas, they could get assistance, and I think that should be the first step before
other organizations move in to buy these properties. So, at this time, being that it's so many years ago and
the properties are vacant, I'm willing to accept this, but it's just — you know, hey, these are very -- you know,
I'm starting to move very slowly when it comes to giving 17 city -owned vacant parcels to a development.
Ms. Warren: This is a -- one of your — one our CDCs (Community Development Corporation). They are one
of the agencies that we, historically, fund to build low-income housing. The City, several years ago, was
doing development. We're no longer doing it, and these parcels were purchased for that purpose and they
were fair, arms length negotiations. Now, we're recommending that the CDC and that area that has an
extensive background, plus financing, be deeded the properties so that they could build the low-income
housing. And I do understand — and now the Commission has a policy that would not occur. If there were
low-income people living there right now or owning those homes, we do have home rehab assistance grants
that now we would provide — so, we wouldn't do that. Yes, sir.
Commissioner Sanchez: Gwendolyn, and that should be the first thing that we should provide these people,
is SHIP money or HOME money to assist in rehabilitating those houses because, you know, I see a lot of
people that are taking advantage of the less fortunate in this community.
Ms. Warren: Yes, sir. This is not that situation, but I understand. I agree with you.
Vice Chairman Gort: Gwendolyn, I think, for the sake of the new Commissioner, I think it's very important,
when you bring an item like this, give the history of what has been done in other neighborhoods, like the East
Little Havana, CDCs. One of the reasons they are able to construct this housing for rent or for ownership —
one of the reasons that we are able to do so is because we do donate the land to them.
Ms. Warren: Yes, sir.
Vice Chairman Gort: And that's what makes it — that's one of the restrictions that we have to create home
ownership.
Ms. Warren: That makes it affordable.
Commissioner Winton: Well...
Commissioner Sanchez: Can you provide me with an inventory of all those lots?
Ms. Warren: Yes, I can. Our Asset Management Department, I will get with them, and we do have a list of
city -owned properties in low-income areas.
Commissioner Winton: Actually, I should say, for the record, that frankly I'm very much in favor of this
concept. Commissioner Sanchez, I'm sensitive to the point you're making about the City not providing
assistance to people who own homes and who are struggling with that and we need to do everything in our
154 December 14, 1999
power to do that. However, there are a — because I've driven these neighborhoods, particularly in this area,
and there's a lot of — there's a significant number of individual lots in these neighborhoods that have various
problems associated with them, and there is another significant number of homes that are in awful condition,
many of which are owned by absentee landlords that are -- between the absentee landlords owning the lots
and the absentee landlords owning the homes and the illegal housing in these neighborhoods, that's
absolutely the reason why our neighborhoods have deteriorated. So, when we have an opportunity to turn
these lots over to a developer that can put them back in the hands of families who will own by developing
homes in those neighborhoods, and it's not -for -profit agency, I'm all in favor of that.
Commissioner Sanchez: But, Johnny, I agree with you, but if you look at CDBG, it's based on necessity and
people, low income people that have those homes have programs that are designed to assist them through the
process. If they don't want to accept those programs and they want to sell their property, it's perfectly fine,
but what I do have a problem is them not getting that assistance, their property deteriorating — moving in.
Commissioner Winton: I agreed with that right at the beginning. That's what I told you.
Commissioner Sanchez: ...and getting a sweetheart deal.
Commissioner Winton: Yeah, that's what I said at the beginning.
Vice Chairman Gort: Gentlemen, I think we're all saying the same thing. I need a motion. Do I have a
motion?
Commissioner Winton: So moved.
Vice Chairman Gort: Is there a second? Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Is there any discussion? Being none -- is this an ordinance.
Mr. Vilarello: It's a resolution.
Vice Chairman Gort: It's a resolution. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
155 December 14, 1999
ca )
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO.99-959
A RESOLUTION OF TIDE MIAMI CITY COMMISSION, WITH
ATTACHMENTS (S), APPROVING THE DESIGNATION OF THE
LITTLE HAITI HOUSING ASSOCCIATION, INC., A NOT -FOR -
PROFIT CORPORATION, AS DEVELOPER TO UNDERTAKE THE
DEVELOPMENT OF TWENTY-ONE (21) NEW SINGLE-FAMILY
HOMES AFFORDABLE TO FAMILIES AND INDIVIDUALS OF
VERY LOW, LOW AND MODERATE -INCOME ON SEVENTEEN
(17) CITY -OWNED VACANT PARCELS LOCATED IN THE LITTLE
HAITI NEIGHBORHOOD, WHICH ARE MORE PARTICULARLY
AND LEGALLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO, SUBJECT TO SAID CORPORATION, AGREEING TO
PAY THE COST OF ELIMINATING ANY AND ALL TITLE
DEFECTS WHICH MAY EXIST ON SAID CITY -OWNED
PARCELS;R.ESCINDING THE DEVELOPMENT RIGHTS
AWARDED TO HOUSING INTIATIVE GROUP, INC., AND
PALMETTO HOMES OF MIAMI, INC., PURSUANT TO SECTION 2
OF RESOLUTION NO. 96-576; SUBJECT PARCELS TO BE
CONVEYED TO THE AFOREMENTIONED CORPORATION AT NO
COST IN ACCORDANCE WITH THE POLICY ESTABLISHED BY
THE CITY COMMISSION IN THE FIVE (5) YEAR
CONSOLIDATED PLAN (1999-2004); AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENT (S) IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY,CONVEYING
SAID PARCELS SUBJECT TO CERTAIN TERMS AND
CONDITIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: I'd like to clarify. I have a request to hear some zoning matters. We cannot hear any
zoning matters until we finish with this meeting. We will have to close this meeting before we can go into
the second meeting because they are two different meetings. So, I will try to expedite as much as we can,
Commissioner Teele: Mr. Chairman?
156 December 14, 1999
Vice Chairman Gort: Yes.
Commissioner Teele: 1 just wanted to say for the record that I strongly support the efforts of the Little Haiti
Housing Association, and I know that they've had some tremendous successes and we're counting on them to
do even more. Thank you.
A 0=19 MANAGkk TD '1EXEC ITE. NECESSARY )OMiC AUNTS, PE9M][TTINC
s A , , 1�':b1Yi I'T I� LO N CC�R'tTRAt 014 CDC'I) . T6
E, l��tri1 >It'>�' ' Ai' � 5 PENNS MANU A'VENV. MIAM tklkC$ .
` YCS" W "A ' WWI) Wv rAlFt'Jj' V Iw �s�0,000 ;_IN ROUSING O1<'POR"1'I31tiIIT1�� 1f;'OR
(�' OP 'A';)' I'RUGAA&M :C �' Tt1V WG IN ACC012bA1t10E Vi�Ii'T
EQIJIR> MENTS Off' U.S�, DEPAR'1MtNT 0. F ABUSING AND URBAN DEVELOPMENT
SEC't1ON 811 PROGRAM,
Vice Chairman Gort: Item 31. A resolution permitting Miami Beach Community Development Corporation
to transfer title or property to a single asset entity. Yes, sir.
Commissioner Teele: So move.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Is there any discussion? Being none, all in favor state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-960
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT'S, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, PERMITTING MIAMI
BEACH COMMUNITY DEVELOPMENT CORPORATION ("MBCDC") TO
TRANSFER TITLE OF THE PROPERTY LOCATED AT 935
PENNSYLVANIA AVENUE, MIAMI BEACH, FLORIDA, WHICH WAS
ACQUIRED IN PART WITH $500,000 IN HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS ("HOPWA") PROGRAM GRANT FUNDING, IN
ACCORDANCE WITH THE REQUIREMENTS OF U.S. DEPARTMENT
SECTION 811 PROGRAM WHICH REQUIRES MBCDC TO TRANSFER
TITLE TO THE PROPERTY TO A SINGLE ASSET ENTITY;
CONDITIONING THE APPROVAL OF THE TRANSFER ON THE CITY'S
PRIOR RECEIPT OF SUCH FURTHER AND AMENDED LOAN
DOCUMENTS AS MAY BE REQUIRED BY THE CITY ATTORNEY.
157 December 14, 1999
?Wa
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Teele: Mr. Chairman, didn't we set something for five o'clock today?
Vice Chairman Gort: It's a zoning matter. We would have to close the regular hearing, then go back to the
zoning.
Commissioner Teele: Let's do that. I mean, we've got all these people. These people — the last time they,
you know...
Commissioner Regalado: Can we come back later on to this...
Vice Chairman Gort: You want to cancel this meeting...
Commissioner Regalado: And then come back to it.
Vice Chairman Gort: We can recess this meeting and then come back. OK.
Commissioner Regalado: Because — I mean, people are...
PLAN FOR ECO-TOURISM ON VIRGINIA KEY BEACH.
Commissioner Teele: I know also that Mrs. Range — did she leave?
Commissioner Regalado: No, she's there.
Commissioner Teele: Mrs. Range has been here all day. I know that everyone is equally important in animal
form. They said all animals are equal, but some animals are more equal than others, I guess.
Vice Chairman Gort: Do we have...
Commissioner Teele: Mrs. Range is there a matter — Mr. Chairman, before we leave. Is this involving
Commissioner Regalado's — Commissioner, could you just explain, please?
Ms. Athalie Range: (Comments inaudible)
Commissioner Teele: This is on the — your issue on Echo Tourism and.
158 December 14, 1999
(D Q
Commissioner Regalado: Yeah. But I think that they do have another issue on the Parks Advisory
Committee. Is that what it is, Commissioner?
Ms. Range: No. We were just here in order to explain the Eco-Tourism.
Commissioner Regalado: OK. Briefly, I met yesterday and I was very happy that I did because 1 placed on
the agenda the issue of Eco-Tourism, and what it is that I toured several times with the city officials the
Virginia Beach area, and we have workers that have done an extraordinary work on the native plants there.
And I feel we have the old carousel building there, and I wanted to bring to this Commission a plan regarding
some trials to walk through the — yes. And I think it so happen that that's the same idea that you all have in
that committee.
Ms. Range: Yes.
Commissioner Regalado: So, I would just wait for you...
Ms. Range: Surely.
Commissioner Regalado: ...to give us your report. But I do promise, I will do my very best to have this as a
reality. I think it's important. I think it's very -- it's a marketing issue that we can bring tourism. Mind you,
we never spoke about any construction whatsoever. This -- and I think that we all agree on that.
Ms. Range: I understand. And I think you will be very pleased, along with the other...
Vice Chairman Gort: Please, Commissioner, will you give me your name and address, please.
Ms. Range: Yes. My name, Athalie Range. I reside at 5727 Northwest 170' Avenue, in the City of Miami. I
think, sir, that the entire Commission will be pleased to know that we are now at the point of planning a
charrette. You know, the old word was workshop. Now it's a charrette, and we expect, in your meeting in
February, to have a complete report on our findings and our hopes for this. So, this was my only reason for
coming today because 1 wanted to be sure that we were on the same track and that we understood what our
concerns are.
Commissioner Regalado: Commissioner, we are, and I have taken the liberty of getting some information to
bring it to the charrette, and to bring you some plans about the old carousel building in the beach.
Ms. Range: Very good. That's very encouraging to all of us, and thank you so much. Thank you.
Commissioner Teele: Mr. Chairman. Mrs. Range, I think we all have sort of said publicly -- I know that
Commissioner Winton wasn't here and maybe it would be good, but we pretty much have agreed again that
we will not move anything regarding the Virginia Key issue without first referring it to the board. I know
that sometimes we we've not kept our word in the past, but please know that we'll be vigilant, and there's not
no need to be concerned that we will take some action that may or may not be consistent with what the
community process is developing.
Ms. Range: I'm grateful. I'm grateful to know that, Commissioner Teele, and I'm sure you will follow
through with that.
Commissioner Teele: Yes, ma'am. Thank you.
Commissioner Sanchez: Yes. Ms. Range...
159 December 14, 1999
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Vice Chairman Gort: Thank you, ma'am. We'll take a five-minute recess.
Commissioner Sanchez: ...nice to have you.
Vice Chairman Gort: ...and come back with the Planning and -- Zoning and Planning. Five minutes, please.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 5:40 PM AND RECONVENED
AT 5:46 PM WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT. THE
COMMISSION TABLED CONSIDERATION OF THE REGULAR AGENDA AND CONVENED THE
MEETING OF PLANNING ZONING ISSUES.
41 APMOVE MAJOR USE SPECIAL PERMiT FOR. THE BItIC.KELL BAY VILLAGE APARTMENTS
PR03tCT LOCATION: 'APPROXIMATELY 2101<2105 BRICKELL AVENUE - APPLICANT'
( tbRAL WAY INVESTMENTS, INC.
Ms. Lourdes Slazyk (Assistant Director, Planning): From the time this project was here before you at the
last meeting...
Commissioner Teele: We need to swear everybody?
Vice Chairman Gort: Yes. You need to — anybody who's going to testify on any of the items have to be
sworn in. So, anyone who's going to testify, can you, please, stand to be sworn in? Everybody that's going
to testify. Anyone who's going to speak needs to be sworn in. Any items, yes. I said that.
AT THIS PONT, THE CITY CLERK ADMINISTERED REQUESTED
OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS
GIVING TESTIMONY ON ZONING ISSUES.
Ms. Slazyk: Thank you, As you all may recall, at the last Commission meeting, I got up and I presented
some numbers to you on this project that they -- that the applicant had gone back to the drawing board
and redesigned the project based on concerns they had heard from neighbors at the Planning Advisory
Board meeting. After that meeting, the applicant submitted to the City a request for a determination as to
whether those changes were substantial or non -substantial. The City determined -- the Zoning
administrator determined that the changes were substantial because it involved a footprint charge of more
than 10 feet in a horizontal direction. Even though they had made the project smaller and the footprint
was smaller and it was completely within the original footprint, it was, technically speaking, a 10-foot
change in a horizontal direction. What the Code provides for that is that, when there is a substantial
modification, the planning director has to refer the item back to the Planning Advisory Board and, then,
the Planning Advisory Board will forward their recommendation onto the City Commission. That is to
take place at a public meeting item, which was scheduled and heard last night. The Planning Advisory
Board recommended last night, unanimously, a vote of seven to zero to approve this project with the
conditions that were presented to them from the Planning Department. Basically, the Planning
Department wanted -- recommended approval with all the same conditions that were originally
recommended for this project, except they wanted -- we have to remove one condition that required an
Affordable Housing Trust Fund contribution because they withdrew that request for additional FAR
(Floor Area Ratio). The Department, in reviewing the modified plans, had made -- according to the Code,
Article 17, the modifications had to be reviewed in order to determine whether the changes would meet
the same requirements as the original application, In reviewing that, we looked at what the modifications
were. The modifications were proposing a unit reduction from 421 to 359 units. The number of floors
160 December 14, 1999
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reduced from 28 floors to 26. Parking spaces reduced from 650 spaces to 510. The parking layout was
originally proposed in a parking structure that had one level below deck, and five -- one level below
ground and five above next to the building. They have redesigned that to provide two above -ground and
two below, underneath the building. The original building had -- was an east/west access length of 391
feet. They reduced that to 317 feet, and that's where the footprint change was. And the FAR bonuses,
they had originally requested a 25 percent FAR bonus for contributing into the Affordable Housing Trust
Fund. That would have given them eighty-seven thousand square feet of additional floor space in the
building. They have withdrawn that request. As you can see, the project has substantially come down.
All of these modifications were directly related to comments at the Planning Advisory Board meeting
from the neighbors who were concerned about the project. In reviewing these modifications, the
Department made findings that these changes are substantial reductions because of the 10-foot change
that I already described to you. We also found that the revised plans are a substantial decrease in the size
and impact of the project. We found that the revised plans are aesthetically a marked improvement on the
project. The new elevations, which were designed for the project, provide movement and are much more
in keeping with the scale and character of this corridor -- this section of the Brickell corridor. The
residential development is still beneficial to the City, by creating new housing opportunities for residents
and employees within the area. And with respect to all additional criteria specified in 1305, which is the
criteria that we used for reviewing Major Use Special Permits, the project was reviewed and found to be
adequate. Again, the conditions are the same as the original approval, except that they don't have to pay
the FAR bonus money for Affordable Housing Trust. Fund. And last night, at the Planning Advisory
Board, an additional condition was added, that they have to show an additional loading berth. The zoning
requires five and the plans that were submitted had shown only four. I don't know if they didn't label or
somehow we couldn't find the fifth one, but it's not there. And they have to comply with zoning, so we
need to see where they're going to locate that fifth berth. Otherwise, we recommend approval of the
modified plans. It's a much better plan, much more reduced in scale and character, and much more
appropriate for this location on Brickell Avenue.
Vice Chairman Gort: OK. Yes, ma'am.
Ms. Vicky Garcia -Toledo: Good evening. Vicky Garcia -Toledo, for the record, with offices at 2500 First
Union Financial Center. And I apologize for my voice tonight and the fluctuations you will hear as I do my
presentation but, unfortunately, I have been under the weather. First of all, I'd like to tell you how we got
here. We started this process approximately in October of 1998, and we had several conceptual,
pre -application meetings with staff, continued through the large scale development, the Urban Design
Review Board, the County's Shoreline Review, and received approval for the project, as originally presented,
at all those levels. When we reached the Planning Advisory Board in April/May of this year, there was
opposition, and that opposition had two types of objectors. One, were the objectors, who are tenants in the
apartments that are currently on this site, Brickell Bay Village. These are rental apartments. And, then, there
were objections from the neighbors in the area, more particularly, the two abutting owners, Bristol to the
south and Atlantis to the north. The tenants, of course, their concern deals with their displacement. The
approval of this project, which is for rental apartments, would require the demolition of the apartments that
are presently on site. Those tenants have the protections of the Florida Statutes for Land]ord/Tenants. They
are on a month -to -month tenancy. When we came here back -- when we came to the PAB (Planning
Advisory Board) hearing, we assured them that the process, after approval, requires about four to six months
of actual construction drawings and permits and, so, that they would -- no one would be asked to move before
the holidays. And from approval date, there would certainly be somewhere between 60 to 90 days minimum
before anyone would be asked to leave. They do not have any other rights, under Florida Law, because they
are tenants. The other complaints or objectors were from the two condominium associations and once we
heard the comments...
161 December 14, 1999
0
Vice Chairman Gott: Excuse me, Vicky. Can we ask someone outside; tell them we only have one meeting
here, please? Do we have somebody, a police officer? Go ahead, ma'am.
Ms. Garcia -Toledo: As a result of the concerns we heard at the PAB meeting, we undertook voluntary
revisions to the project, taking the comments we had heard and addressing them to the project. The
comments really dealt with density, traffic, parking and a fourth, not as important, the architectural elements
of the building. There was also discussion about view corridors, and I would like to put on the record at this
time that the view corridors of the City of Miami, as well as Dade County, are fully complied by this
building, but you will hear more about that later. Throughout the summer, we continued to reach out to both
Condominium Associations, sent several letters back and forth, continued this matter before the Commission
two or three times, decided to continue it, indefinitely, in order to give everyone time to get together and
work on this. It was virtually impossible to get anything accomplished during the summer because of
everyone's vacation and so forth. In August, I sent copies of the revisions...
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: You know, Mr. Chairman, this is a major project. What's going on out here is so
impolite and...
Vice Chairman Gort: Well, that's why I'm asking the police officers to, please, tell the people to take their
meeting outside.
Commissioner Teele: Vicky, I really am having some difficulty hearing you. Could you just speak a little
bit...
Ms. Garcia -Toledo: Let me get a little bit closer. Sure. Basically, we were unable to meet during the
summer. In August I sent letters to both counsels for both Condo Associations, asking them to meet and
sending them copies of our revisions. Again, Jeff Bass and I spoke several times, tried to coordinate a
meeting. It was almost impossible. So, I decided to request that this matter be set for hearing in November,
in a hope that that would kind of force everyone to come to the table and start talking. And, of course, it
happened. It happened with the Bristol. And I'm happy to announce today and enter into the record our
agreement with the Bristol Homeowner's Association. As a result of that agreement, we made further
revisions, with their input, to our project. And that's the project that we're presenting to you today. That is
the project that the Planning Advisory Board, after it had turned down this project in its original concept,
unanimously, last night, after reviewing those modifications, changed and approved this project, also
unanimously. I'd like at this time to enter into the record the confidential agreement with the Bristol
Homeowner's Association, as well as a resolution for the Bristol Tower Condominium Association approving
this resolution and in support of this project. I have copies if there are any interested parties who would like
to see this. Also, with us here tonight is Jeffrey Bass, who is the attorney for the Bristol, as well as Joe
Gerstein, who is the president of the Condominium Association for the Bristol. And if you have any
questions from them -- gentlemen, where are you? They will be happy to answer any questions you may
have. This revision that is before you is very important to this community for several reasons. One of them
is that this is not a speculative venture. This is a fully funded and financed project. This is a Union project.
It is funded by five pension funds from the Unions, and it will be built by the unions. That also brings with it
a series of restrictions. We are very used, sometimes, in the community to throw money at fixing problems.
Because the financing and funding of this particular project is from the pension funds of the unions, and it's
all regulated by Federal Labor Law, we really have to work at making changes to our project that are
compatible and that are consistent with the neighborhood. We cannot simply just throw money at a problem.
What I'd like to do at this time is give you some information about the actual changes that occurred here.
162 December 14, 1999
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Commissioner Teele: Let me ask this. We have a long agenda. How much opposition is there to this
tonight? It's great to see you here tonight. We've got all night.
Commissioner Sanchez: We've got all night. Vicky, if I may interrupt you? Basically, I -- has the project
met all the compliances? That's basically what I would like to know.
Ms. Garcia -Toledo: Commissioner, we don't meet the Code. We far exceed the Code. And I was just about
to give you some numbers that will show you that we don't just meet what is required, we surpass it. You
know, where the Code says 50 to 75 feet from the Bay, we have 260 feet from the Bay.
Commissioner Sanchez: Well, I just want to be sure that that has --you do have a concurrency management
system in place, right?
Ms. Garcia -Toledo: Correct.
Commissioner Sanchez: You have met the -- what is it, the LOS? The Level of Services Study...
Ms. Garcia -Toledo: The Levels of Service.
Commissioner Sanchez: ...conducted there?
Ms. Garcia Toledo: And our MtiSP (Major Use Special Permit) application has all of the documentation
from traffic study, economic studies that have been done.
Commissioner Sanchez: An asortium(phonetic) study also for the area?
Ms. Garcia -Toledo: It's all in there. And we have the experts here to deal with all those issues at your
pleasure today. I have entered into the record and given opposing counsel the resume of some of these
experts. Their testimony is already contained in the MUSP, but they're certainly here. And, Commissioner, I
apologize because I know it's very lengthy.
Vice Chairman Gort: We have to look at it. What do you want? Excuse me. Go ahead, Vicky.
Ms. Garcia -Toledo: There is such a thing as protecting the record in case of an appeal, and I think there's
certain, legal steps that we need to go through. So, what I would like...
Vice Chairman Gort: Vicky, why don't you do me a favor. Why don't you turn them around so the neighbors
can look at them and see what's going to be built there because some of them might not know what's going on
in there.
Ms. Garcia -Toledo: It's very important also that you realize that, by withdrawing just the FAR bonus from
the Housing Trust Fund, the Affordable Housing Trust Fund, we automatically cut back the entire project by
25 percent. Automatically. And there is a particular chart that, I think, speaks for itself. This is the original
building, as was submitted. This was our voluntary revisions and these were the revisions as the result of our
agreement with the Bristol. We went from 490 units to 359 units. We went from 750 or 800 parking spaces
that we are allowed to 510. We went from five levels of parking above -ground and one level below to two
levels above and two levels below. We cut back the length of our building, so substantially, that we're now
260 feet from the bay and in line with the same setbacks of both of our neighbors. And we withdrew the
Affordable Housing request in its entirety. I would like David Woltherg to very quickly just, you know, take
r:
you through the plan and answer any questions of an architectural nature you may have.
163 December 14, 1999
Al'X'
Vice Chairman Gott: Vicky, let's try to do this. Why don't we hear from the opposition and see what the
opposition is and maybe we can get some of the answers.
Ms. Garcia -Toledo: OK. Certainly.
Vice Chairman Gott: OK. Those in opposition?
Mr. Kent Harrison Robbins: Hi. My name is Kent Harrison Robbins. I've registered. I'm here to represent
the Atlantis Condominium Association, as well as Micky Biss, individually. And I have a submission here --
as well as Micky Biss, individually, to assure that where there's standing issues as -- in a matter on appeal,
should this matter have to go to appeal. I'd like to hand the submissions over to the members of the
Commission concerning many of the issues that need to be addressed, and this is rather lengthy and I
apologize but, in order to preserve the record on appeal, we need to raise these issues. Hopefully, there won't
be any need for an appeal but if there is a need, we need to protect the record. And I wish to submit these, the
submission, so you can follow along and see where we're going. It's sort of an outline. Counsel.This is
basically an outline of where we're going and how we're going, but I want to, first of all, address the
fundamental issue and that's the issue of notice. I wasn't able go into the notice issues at the Planning
Advisory Board yesterday. I, was specifically, prohibited from going into the legality of the notice and how
that matter was, in my opinion, railroaded through that board. We had a board...
Ms. Garcia -Toledo: I object to the repre....
Vice Chairman Gort: Excuse me. This is not a court. Let me set this straight. This is the chairperson here.
You come through the chairperson. We have an attorney. He already responded to us. You get a few
minutes and you get to rebuttal later on, so make note of anything you object to and, in your rebuttal, you get
to answer that. Thank you. Yes, sir.
Mr. Robbins: And I've been practicing law for 20 years and I think I've used that language for the first time
in my career, using the term railroaded. And why I'm telling you that, there are notice requirements under the
Miami City Code. Those notice requirements require advertising 10 days in advance of a hearing, it requires
posting 10 days in advance of a hearing and it requires courtesy mailing 10 days in advance of the hearing.
That Planning Advisory Board did not have that type of notice and, as a result, substantially few people were
present or even aware of it. And I want to let you know that I, personally, went to the Planning Board when
this process began, with the submission of these revisions, and I asked for a copy of that a week ago Friday
and it was not in possession or control of the staff of the either Hearing Board, nor the Planning staff. I, then,
came back on last Monday morning and requested it again, and it wasn't there. I talked to Teresita
Fernandez, reference it, and that afternoon she said "I'm sorry, we don't have it but we're getting it from the
attorney and late this afternoon we will get it for you, Mr. Robbins." Well, unfortunately, we, then, had less
than five working days to analyze this entire project and this project is a Major Use Special Permit project,
involving a hundred million, two hundred million dollar ($200,000,000) project adversely or potentially
adversely affecting the Brickell Avenue environment. And it is very important that we are given adequate
time. But the railroading didn't stop at the Planning Advisory Board, where we had the flip flop from seven
to one against the project to the seven zero in favor of the project. And, then, it's being railroaded through
this system because, under the notice requirements, upon trans -- this matter, when it's transmitted...
Vice Chairman Gort: Excuse me, sir. Are we listening to this legally?
Mr. Joel Maxwell (Assistant City Attorney): I beg your pardon, sir?
Vice Chairman Gort: Are we listening to this item?
164 December 14, 1999
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Mr. Maxwell: Oh, yes. The only thing is -- and the record should note -- that counsel did not give the City
Attorney a copy of the document. There were five copies for the Commissioners. We're still waiting for a
copy.
Vice Chairman Gort: OK. Thank you.
Mr. Robbins: I will make arrangements...
Vice Chairman Gort: Please, sir.
Mr. Robbins: ...for another copy to be made and provide it to you. Mr. Winton, would you be so kind as to
hand a copy of this to the City Attorney or...
Vice Chairman Gort: If you don't mind.
Mr. Robbins: ...to somebody can hand a copy...
Commissioner Winton: Do what?
Mr. Robbins: ... to the City Attorney, so he can review it? But I'm not referring to this, particularly, but I will
4
refer to it now. And it's just, basically, taking out appli -- parts of the Code. 1f you look under Article 17,
y, r
1702.8, it's in the middle of the page. It refers to the fact of application hearing by the City Commission.%
Only upon transmission to the CityCommission of the recommendations of the PlanningBoard at that time
the hearingboards divisions shall set a date for public hearing. So the Planning Board which made a
P g• � g
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decision yesterday, is, then, supposed to submit its decision and, then, at that point, the hearing board division'
shall set a date for a public hearing on the application, pursuant to the Code of the City of Miami. And
d� tw14
f
Miami City Code, on this issue, for public notice requirements, is 62-129, and that requires specific notice in
advance of a hearing by both posting, advertising and courtesy mail. That was not done. We have not had
the 10 days. If we had the 10 days, it would have given us substantial time to be able to prepare the type of
exhibits on this revised plan. This revised plan, the reduction of units, from 420 to 359, where there's now a
Tt i
change in the position of the Planning Board, has not been within our hands for more than five working days'F
�1� z
now or four working days. So, we've had inadequate notice, both at the Planning Board level and this level,'
which is detrimental and prejudicial to our ability to prepare the appropriate exhibits for this board. But let's
go forward in that. I believe I've made a record now as to inadequacy, and let's go to substance. Under the
Y
Major Use Special Permit, under 1702.2, there are certain application requirements under the rules. Materials
must be submitted for Major Use Special Permits, including maps, surveys and reports. If you look at the
survey that's been submitted, that's in the record before the Planning Board and in the record, I assume,
E
before this Commission, that survey has never been certified by a surveyor. It's not been stamped or certified,
as far as the records in the Planning Board and upon this City, and that's improper and it should require
certification of a survey. Why is the survey so important? Because from the survey, you deduce flow many
square footage and how many square foot is available for calculation of FAR, Floor Area Ratio, which is, I'm
sure, as many members of this board know, is the way you calculate how much you can put on the lot. Well,
there's no certification. And it becomes very important because this land doesn't only include dry land, where
you can approximate by just looking around and walking and say, "Yeah, that's pretty close." This land, on
which they're calculating FAR, includes bay bottom.
Commissioner Teele: Includes what?
Mr. Robbins: Bay bottom. And the calculation goes all the way out into the bay by -- I don't know exactly
how much, 50, 100 feet into the bay, in all directions, from the corners of the property. And that is being
165 December 14, 1999
t..
1'i
used -- that bay bottom is being used to calculate the FAR. That's the reason why they're able to, then,
enhance and increase the amount of FAR that's purportedly permissible on this property. But you've been
heard -- you've been told by this attorney and the attorney told the board that that FAR is a matter of right.
Well, I'm telling you right now that that FAR is not a matter of right, because we also have a planned -- a
PUD involved here, a Planned Unit Development. And under Section 500, it's discretionary with this board
whether or not to award this as a Planned Unit Development. And under the Planned Unit Development
criteria, there is a bonus FAR of 20 percent being added to this project, to add more density, more intensity,
and more mass to this site, a site that secludes bay bottom for its calculation. So, you're getting a 20 percent
bonus on top of the FAR now being allowed from the bay bottom. So, we're really, really massing and
enhancing the massing of this building. And the Planned Unit Development is supposed to be based on
certain housing impact studies. And I'll -- let's go back, and we're going to have to go back to the first page of
this. Under Table 17 -- under Article 17, Master -- a Major Use Special Permit requires that the applicant,
that's Ms. Toledo's client, requires that they submit a Development Impact Study, which shall demonstrate
whether the impact of the proposed development is favorable, adverse or neutral on the economy, public
services, environment and housing supply. No study, no impact study has been submitted by this applicant
concerning the environment or the housing supply of the City. And there are specific criteria as to what
should be in the impact study for a housing supply of the City. Because if you look at Planned Unit
Developments, it talks about what you should look at for housing supply. Under Planned Unit Development,
consideration shall be given to general housing needs in the City as a whole; housing needs in the
neighborhood in which development is proposed, and the need for particular types of housing, and such
consideration, due weight shall be given to availability of existing housing supplies for which there's a need,
in view of age and economic characteristics of the population and the amount and types a potential new
housing, under building permits issued and plans for development. There is no study of that nature in the
record. And, in fact, we have an expert, an appraiser, Mr. Bret Rosen, who will address that issue, as much as
lie can, on this issue concerning a housing impact study. But it is the burden of the applicant to provide that
housing impact study, and their failure to do so renders this entire application inadequate and insufficient.
And it is a "shall." It's not discretionary. They shall provide such an impact study. There has been none.
And then we can go further and talk about the environmental impact. There is a substantial environmental
impact. Environment doesn't just mean natural resources. That's a separate and distinct category under your
rules. Environmental impact means impact to the built community, the impact on adjacent buildings, on the
living conditions, and that has an effect -- because one of the criteria under 1700 -- 1703, that you must
consider is whether the development will adversely -- will have a favorable impact on the environment and
natural resources, and that impact study has not been done. As well as, it must show whether development
adversely affect living conditions in the neighborhood. The lack of a housing impact study and the lack of an
environmental study does not allow you to come to that conclusion, whether or not it adversely or favorably
impacts on those situations. And it is your duty to make those determinations. And how can this board make
those determinations if it doesn't have the information, if it doesn't have the facts that the applicant is
supposed to provide? This application is insufficient. And you know what, even though they didn't bring in
their expert and it is their duty to bring in their expert, we have an expert. We have a doctorate in ecological
sciences, who's present in this room, who is going to testify as to the adverse economic impact of this
building. Finally, there have been comments made by -- I'm sure you're watching on TV. I know you're very
busy, but I'm sure you watched what the Planning Board did yesterday. And their statements that "there is no
responsibility to consider view corridors. Well, under your Section 1702.2, the Major Use Special Permit
shall demonstrate the relationship of the concept plan to surrounding, existing and proposed uses and
facilities, including view corridors," and it specifies view corridors. And there are some statement by the
chairman of the board yesterday, that the old case of Fontainebleau versus Eden Roc, which is a case where
there is no legislation protecting view corridors, said, as a matter of right, tinder Common I_aw; there is no
protection of view corridors; there's no protection of sunlight; there's no protection of those issues, but that
was back in 1954 on the City of Miami Beach, where you just had to go in and submit your architectural plan
so you can get approval, because you met the basic requirements of the Building Code. There was no design
review. There was no review process. The City of Miami gives this board the power to evaluate view
166
December 14, 1999
corridors, and you should not take that power lightly. You should consider the fact that there has been no
study, as required, as to the view corridors. And you're going to hear the statement saying, "well, Shoreline
View Corridors have been evaluated." We're not saying they haven't been. What we're saying is, view
corridors, involving the built -out environment amongst the people that are living in the environment, in the
buildings in the Atlantis, as well as the people driving down the streets of Brickell Avenue, are not going to
be able to ever see again the Atlantis, which is an architectural icon. And I tell you something; this is one of
the most significant buildings in the City. And we have an expert, an architectural historian, who will testify
as to the importance of the Atlantis, both from an architectural standpoint and as a landmark in this city. It is
the icon of Miami and a reference point to Miami, not just from Miami Vice but from the scholarly studies of
Miami, and we have an expert that will testify as to that issue. In short, I have submitted a number of statutes
and codes that you can rely upon in order to deny this application. And the people of the neighborhood will
talk about the impact on their housing, the fact that middle and lower middle income housing is being
demolished, 144 units of affordable and middle income housing is being demolished so we can put Class A
luxury housing. And I have an expert who will talk about the housing supply analysis, Mr. Bret Rosen, and
lie will talk about the fact that, contrary to the Comprehensive Plan -- and you are bound to the
Comprehensive Plan -- there's going to be a diminution and reduction of the housing supply of moderate
income housing, as a result of this development, and that's in violation of the Comprehensive Plan. And
where there is discretion, such as under the Planned Unit Development, which gives a bonus FAR,
discretionary to you, you can deny it because the Comprehensive Plan has to be considered under MUSP
requests, such as this. You have to consider the housing supply. And if it's adversely the housing supply, you
should deny the Planned Use Development and require them to go back and redesign the building. Finally --
I know you like to hear that word finally and I will try to make this finally, my last paragraph. Under 1305.8,
control of potentially adverse affects, generally. Now, somebody's saying, "why am I referring to 1305.8?"
That's the next to the last paragraph. That's Special Permits. Well, under Section 17 -- Article 17, there's a
specific cross-reference to 1305, Special Pen -nits, and it requires and compels the applicant to comply with
the conditions of a 1305 Special Permit. And under 1305.8, control of potentially adverse affects generally, it
says "review for appropriateness shall be given to potentially adverse effects generally on adjoining and
nearby properties the area, the neighborhood or the city or the used or occupancy, as proposed, or its location,
construction, design, character, scale or manner of operation. Where such potentially adverse effects are
found, consideration shall be given to special remedial measures appropriate in the particular circumstances
of the case, including screening or buffering, landscaping, alteration or proposed design or construction of
buildings, relocation of proposed open space or alteration of use of such space, or such other measures as are
required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent
reasonably feasible, and that the user/occupancy will be compatible and harmonious with other development
in the area to agree, which would avoid substantial depreciation of nearby property." And we will have an
expert to show that there is going to be substantial depreciation of value of in nearby property. You have --
this board has the power and you have the authority to make these -- this developer redesign the building.
We are not against development. What we're against is unreasonable development, that's in violation of the
codes of the City of Miami, and this board should carefully consider what's being presented and see if there
can be alternative ways of redesigning this building, to have respect for the additional -- the existing housing
supply and assure that that housing supply for moderate income is not diminished and, as well as consider the
impact on the adjoining buildings, including the Atlantis, which has its view corridors completely blocked by
this proposed building and consider...
Vice Chairman Gort: Excuse me, sir. Can we get some order out there, please? I apologize, but we just
want to have one meeting. Go ahead.
167 December 14, 1999
Mr. Robbins: Mr. Gort, I really appreciate this. This Commission is probably the -- I guess, maybe it's just
today, but I see the Commission is -- listens to everything, what I'm saying and I appreciate that, and it's very
rare do I get the attention that I get to this level from a Commission and the attention is really appreciated,
Mr. Gort, and thank you very much for listening to me. You will hear the neighbors talk about the
substantive aspects of this building; will talk about the architectural impact.
Vice Chairman Gott: I'm going to ask you for a favor.
Mr. Robbins: Yes, sir.
Vice Chairman Gott: As you can see, we have two books in here. We have a lot of people waiting. I'd like
for -- to ask your neighbors not to be repetitious.
Mr. Robbins: That's correct.
Vice Chairman Gott: 1 understand people come with their speech and they like to give their speech, but I
would like for them not to be repetitious, please.
Mr. Robbins: Finally, I'd like to make the point that the Comprehensive Plan housing element is referred to
in the last page and the objective is to provide, of your housing element, is to provide a neighborhood
environment that will assist the private sector in increasing the stock of affordable housing within the City, at
least 10 percent by 1994 and 20 percent by the year 1999. And you have the goal to increase the supply of
safe, affordable and sanitary housing for low and moderate -income households by alleviating shortages of
low and moderate -income housing. You have the duty to conserve an objective to conserve the present stock
of low and moderate income housing within the City. You have the -- there is a policy of the City that
defines low incoming housing as residential units, whose associated housing costs are affordable to
households who earn no more than 50 percent of the median income. And you have the duty to continue
unnecessary span low and moderate income housing programs, with the intent of preventing a net loss of low
and moderate income housing units within the City. The program, the Planned Unit Development Program,
would be adverse to this very intent and it should not be used as giving bonuses to developers who are going
to demolish moderate -income housing. I ask you, finally, to take notice of the records, all records and writing
submitted as part of the follow application, the video tape and transcript of May 19, 1999 Planning Advisory
Board, that's everyone's decision against the project, the Atlantis from Brickell Condominium Submission at
the May 19, 1999 hearing, which I have here, and I'm going to show it to you before I sit down, the video
tape of December 13, 1999 Planning Advisory Board hearing, as well as the Atlantis and Brickell
Condominium Submission at the December 13, 1999 hearing, which should have been transmitted up to the
board. And, finally, I want to show you the impact, visual impact...
Commissioner Teele: That's the...
Vice Chairman Gott: The third time.
Commissioner Teele: ... third "final," but it's...
Mr. Robbins: Third final. Oh, I'm sorry. You know...
Commissioner Teele: It's fine. I just --I want you to know, we are paying attention.
Mr. Robbins: I said -- you know, Mr. Teele, I know that when 1 use the word "finally," I said, I should not
use that because that's the mark that I'm going to go further, and I apologize for that.
168 December 14, 1999
Commissioner Teele: No, you're fine.
Mr. Robbins: And I hope that my honesty will not be reflected by -- adversely affected by that word finally,
but it's the zealousness that I represent my clients that causes me to go forward.
Commissioner Teele: Mr. Chairman, before lie leaves, were you going to give us a study on the moderate --
low and moderate income -housing? You've made it -- you've weaved it very, very thoroughly this notion of
the low and moderate income -housing obligation, which we have and we take seriously. Are you going to
give us your study on that? Is there a document?
Mr. Robbins: We have a gentleman who will talk about it.
Commissioner Teele: But there's no document?
Mr. Robbins: We have not -- we've only had five days since the date of the submission revisions, with the
359 units...
Commissioner Teele: One final question.
Mr. Robbins. All right. Yes, sir.
Commissioner Teele: In the context of the housing that will be lost, what is your definition of low and
moderate housing in the context of the housing that -- you said there would be 150...
Mr. Robbins: Hundred and forty-four units that will be lost.
Commissioner Teele: And what is your context of low and moderate income for the purpose of those units?
Mr. Robbins: It's 50 percent -- under the Comprehensive Plan; it's 50 percent...
Commissioner Winton: No. What is the rental rate that the tenants are paying in the property as it sits?
Mr. Robbins: Six seventy-five to 700 for a one bedroom and nine hundred to a thousand for a two bedroom.
And, unfortunately, that is moderate income housing nowadays. The proposed building, from my
understanding and testimony of counsel, was 1400 for one bedroom under the new building, and
approximately 2000 for a two bedroom under the new building. So, you're talking about substantial
displacement. And that would go — the experts will go into those issues. And now I want to show you -- do
we have a walking mike, so I can present these boards? What I'm showing you today -- and we showed this
before the Planning Board -- is the view of the Atlantis from Dixie Highway, when you're going north
towards downtown. And everybody that drives down that main corridor sees the Atlantis and it's pretty
predominant...
Vice Chairman Gort: Well, I hope they're paying attention to their driving.
Mr. Robbins: Everybody that's driving there.
Vice Chairman Gort: Yeah. I hope they're paying attention to their driving, not to the building.
Mr. Robbins: I hope so too, but it's part of the beauty of everything and.,
Vice Chairman Gort: The one in "Miami Vice."
169 December 14, 1999
Mr. Robbins: That's correct. This one right here, with a whole in the center of it -- and you'll hear more
about that. Now, we're going to show you what the building's going to look like.
Commissioner Teele: And you say that's the most -- one of the most architecturally significant buildings in
this City?
Vice Chairman Gort: That's his statement.
Mr. Robbins: My expert will testify to that, yes. And I would say that, though I'm an attorney, but I would
make a representation that it is one of the most important architectural buildings in this City. This is what it's
going to look like substantially, as far as the blockage of the building. However, these were the old plans
and, in fact, it's now been pushed even further, so it will be even further blocked from the Dixie Highway.
We have not been able to build up a composite because you have to do -- take the information, convert it into
cab and, then, place it on the composite photo and, in five working days, we were not able to complete that
work. But this just demonstrates what's going to be blocked. If we go to the next picture, this is presently the
view from Rickenbacker Causeway of the Atlantis. And what I'm going to show now is the building.
However, now it's been reduced -- this part of the building has now been eliminated and pushed forward, so
what will be visible will be this point back. However, from this point over here, you will not see that from
Rickenbacker Causeway. Really, the architecturally significant part. This is a view from the sky court,
which is the hole there and, as you can see, there is the view towards the Bristol. And if we show it, this is a
fish eye view to show the entire site and you can see how it bends. That's a fish eye, so it distorts it. But you
can really see what -- this area, these two smaller buildings, are the current median income housing on this
site. And if you look at what's going to be built there, even though they reduced the size of the building, this
is what's going to be seen when you look out the sky court, and that's what's going to be seen when people
look out their windows of the Atlantis. And when you hear the testimony about the potential impact on the
Atlantis, it's unfortunate that the developer hasn't developed better plans. I'm not saying that these are bad
plans but better plans that were more sensitive to the built -out community. That's what we wanted to show.
Finally, the one last picture, and I swear, this will be the final picture that we're going to show. This was the
south part of the building, originally as proposed. Now that line is going to be -- red line is going to be over
here and this red line is going to be moved up to there. So, essentially, the entire views are going to be
blocked from the Atlantis. Thank you very much for your time. I appreciate it. And you're now going to
hear the testimony of our experts, and as well as the public (applause).
Vice Chairman Gort: Excuse me. Hold, hold, hold. Excuse me. Please. We have a long agenda and we
have a lot of people waiting here. We've taken you in a certain -- ahead of a lot of other things that we have
in front of us and we'd like to finish this agenda.
Mr. Robbins: I'd like to reserve the right to cross-examine any experts being presented.
Vice Chairman Gort: No, sir. You make your presentation. Now, the rules here, you don't cross-examine.
You make your presentation, you make your opposition, then we hear from the presenter.
Mr. Maxwell: Commissioner?
Vice Chairman Gort: This is not a court. Yes, sir.
Mr. Maxwell: Commissioner, I'm sorry. Because this particular item is quasi judicial in nature, they do have
the right to cross-examine, if they would. I would recommend that you allow them ine opportunity in this
particular situation -- well, in any quasi judicial...
170 December 14, 1999
0 (D
Vice Chairman Gort: We've never done that before. OK?
Commissioner Winton: Someone next?
Mr. Maxwell: One point, though, Commissioner. Any of their experts that are heed as experts to be here, of
course, have to be registered lobbyists as well.
Mr. Harvey Goldman: Hi. I'm Harvey Goldman. I'm a resident at the Atlantis. I'm a lawyer, but I don't have
anything to do with this type of law.
Vice Chairman Gort: Your address, please, sir.
Mr. Goldman: Excuse me?
Vice Chairman Gort: Your address.
Mr. Goldman: I'm sorry. 2025 Brickell Avenue, Apartment 1701. As far as I'm concerned, just as a citizen
now and as a resident -- and I hope I can get each of you just to think about what it would be like if you
owned a place in the Atlantis. Maybe you were there for its architectural uniqueness. Maybe you were there
for the view. Maybe you were there for the space. All of a sudden somebody comes up and says, "that's
what you've got to have." And we're told -- first we're told, seven to one by a Planning Advisory Board, "no
good." In fact, the basic design is out of sync with the property upon which it sits. What the developer, I
believe, has done, being a lawyer for about 29 years, is start off in a negotiation all the way over here.
Absolutely ridiculous. And maybe lie comes in a little bit and those who judge think he's being, perhaps,
considerate. We don't believe so, in any case, and we're ready to sit down and do something with him that
would be reasonable. A lot of people are going to talk about the notice issue and all other kinds of things. I
just want to add one other point, again, as a citizen. I love Brickell Avenue. I think it's one of our unique
streets. This development is going to impact the heck out of Brickell Avenue. Whoever approves this is
going to be approving a major change. The work of Architectonica on that building has brought us
worldwide notice. All the tour buses, all tour buses stop, and the tour guides points out, for five minutes,
whatever they say. It's something that, I would hope, that you, as Commissioners, don't want the City to lose
just because a developer is being unreasonable. Thank you very much.
Vice Chairman Gort: Yes. Go ahead.
Commissioner Winton: I'm Commissioner Winton and, obviously, I'm the Commissioner for District 2. And
I will have to admit -- and I'm the Commissioner who postponed this hearing on this issue to this date from
the last one. But I have to admit -- and I might as well as kind of get this started -- I'm troubled by your
presentation so far because I have heard mostly a bunch of technical issues, all of which can get resolved.
Now, they're important technical issues. And I, obviously, would be -- will do everything in my power to see
to it that the developer has followed all the rules and regulations and will look to our City Attorney's Office to
see to it that that happens. So, that's our commitment. However, there's a piece of land there that is heavily
under-utilized. Backing up a step. Those technical issues can get resolved and they will. But beyond the
technical issues, the only thing I've heard is the issue here of blocking the view from the public of the great
Circle in the Atlantis. Now, it seems to me, if that's a primacy issue, then your group sat there and looked at
that little piece of land that was below you for a long time, much like I looked at that piece of land that was
next to me, when I lived in the Imperial and watched the new building being built and my view corridors
going away, but ify'all were so interested in preserving the hole in the building there for the public view, then
why didn't your Condominium Association do something about buying the land and preserving that land and
not looking to this Commission to block future development? Now, that's where I'm coming from at the
171 December 14, 1999
moment, and I'm going to look to y'all to give me some better ammunition here, but that's how I'm thinking
about this.
Mr. Goldman: Just let me respond, Commissioner Winton. We want that land developed. That is the right
of the person that owns that land, not unreasonable development. Not unreasonable development. No one in
Atlantis...
Vice Chairman Gort: Let me ask you a question. What will you consider reasonable? How many stories?
Mr. Goldman: You know, I'd have to -- I'm not an expert. A heck of a lot because the density or what they
call intensity is about four to one to the Atlantis and about two to one to the Bristol Tower. Now, that, to me,
is unreasonable development. That's just on the issue of what's reasonable and unreasonable, not technical.
And the other feeling we get is that nobody is watching out for Brickell Avenue. The traffic. Good Lord,
what's going to happen to that traffic? I don't know, but it's going to be a heck of a lot worse. But those are
some of the substantive issues, which I think you're going to hear some more about. Thank you.
Vice Chairman Gort: Thank you, sir. OK.
Commissioner Teele: Well, when you ail finish this, I'm still looking for this low and moderate income
housing because I've got a couple...
Commissioner Winton: You're not going to find it.
Vice Chairman Gort: You're not going to find it there
Commissioner Winton: You're not going to find it, Commissioner.
Vice Chairman Gort: Each speaker -- let me tell you. From now on, each speaker gets two minutes. So,
please, let's start using the timer. Yes, ma'am. Name and address.
Ms. Monica Reina: OK. It's nice to be here. I'm mad at some of you. My name is Monica Reina. I live in
2105 Brickell Avenue, where Brickell Bay Village is right now, Apartment 218. I've been there for 14 years,
OK? So, my rent doesn't go month to month, as you see, because I'm a neighbor and I contribute. I work in
the City. I work for hospitals. I use the Metro -Rail. And I never knew that I could be thrown out in 30 days,
that I have no rights. Because I made that my home and I haven't slept last night and haven't slept many
nights because I'm going to be out a home, like 144 families that work for the City, you know. And I get
emotional on that because that is my home. If you Commissioners have a home -- and some of you have
been to my church because I also go to church in the City, and I just ask you that give my home. That is my
home. I want to tell you that, for the year that the lawyers said they're trying to buy this building, the building
has been deteriorating. They're trying to get us out of there. The decks are destroyed. Tile paint is destroyed.
Everything in the building doesn't -- they don't -- doesn't work right. The laundry room doesn't work. People
have moved from there because that's -- now, after one year that is not a place where any human being can
live. You know, it's kind of becoming scary. But I love that place, like that was my home, you see. If you
ever had a home, (unintelligible) home, it doesn't matter if it's a rental place. That's my apartment. I never
could buy. If they offer me to buy, I buy today. I pay that apartment already in 15 years and, like me, there
are a couple of other neighbors here that can testify of that, 14 years, 13 years. They're teachers in the City.
They work in business. We all work and use the Metro. And we have 144 families that are going to have to
move there. There's single woman. There is divorced people, like you said. You heard 625...
Vice Chairman Gort: Thank you, ma'am. Thank you, ma'am. Your two minutes are up.
172 December 14, 1999
Ms. Reina: 1 just want to say something else. I want to say that, today, I was the one that put -- you don't see
everybody here. You might see 10 people because the notice that I put -- I put it, personally, in everybody's
door. The manager today told me that I could not do that. So. he removed. He asked security to remove the
notice for this meeting. So, most of the buildings, they're not here because they don't know that. They don't
know the meeting's here. And for 14 years I put all kind of notice. Pizza places put notice in my door.
Restaurants put notice in my door. The bulletin board...
Vice Chairman Gort: Ma'am, ma'am?
Ms. Reina: 1 put notice in my door and today...
Vice Chairman Gort: Ma'am, your two minutes are up.
Ms. Reina: ...I was told that I could not put notice in my door.
Vice Chairman Gort: Thank you very much.
Ms. Reina: OK. I just want to tell you that...
Vice Chairman Gort: Ma'am, ma'am?
Ms. Reina: ...I feel violated.
Vice Chairman Gort: Your two minutes are up. Thank you. We have other matters and other people who we
want to Iisten.
Ms. Emma Afra: My name is Emma Afra. I live at the Bristol Towers, 2127 Brickell Avenue, Apartment
2204. I'm a taxpayer and a resident at Bristol. I own my unit. I want you to know that I do oppose this
development. My board, there are three individuals in my board. They did not engage all the tenants and all
the resident owners at the Bristol Towers to come up with this decision. I am adamant that I was not posted
about the meeting that you had yesterday evening. I had no notice of this. And I want to tell you that there is
going to be development on Bristol -- on Brickell Avenue. It's already happening. As you know, we have
the Mandarin House; we have the Four Seasons Hotel; we have extremely amount of development going on.
And what is going to be the impact of this building being built in this lot, which is the same like the Atlantis,
it's a lot that is about three and a half acres and that lot that is like that -- the house is 96 units. It doesn't
house three hundred and some new units. Now, if they want to build something that is of character with
Brickell Avenue, that will be an improve to the City in revenues of taxes, of collecting taxes, then they need
to come up with a different plan. This is not the plan that is proper to this corridor of Brickell Avenue. It is
out of sorts with our neighborhood. And I want you to know that the services that this City will have to put
out, with the revenues that they will be collecting by the increase of tenants, of the density of this building, is
not going to be in favor. We will not have enough to pay out for the services necessary for the increase in
density, the two hundred odd units, plus, that will be there. So, I don't know where the mathematics go. I
don't see any improvement in the corridor -- in the traffic that is going to be caused by this building. We're
going to have an additional 400 odd parking spaces from what's originally -- already there. This is going to
be a unit building that is going to be occupied constantly because of the rentals. I do not feel in favor, in any
form or fashion...
Vice Chairman Gort: Thank you, ma'am.
Ms. Afra: ...to my neighborhood.
173 December 14, 1999
Vice Chairman Gort: Two minutes are up, rna'arm. Thank you. Thank you.
Ms. Afra: Thank you. I hope you give weight to our thoughts and.
Vice Chairman Gort: Yes, ma'am. Thank you.
Ms. Afra: ...as well that you know, that many other people on Brickell...
Vice Chairman Gort: Thank you, ma'am.
Ms. Afra:... do not know of this meeting.
Vice Chairman Gort: Yes, ma'am. Yes, sir.
Mr. Carl Ritter: My name is Carl Ritter. I live at 2101 Brickell Avenue and I have lived at Brickell Bay
Apartments for many years. And not only have I lived there, but the International Airline that I worked for
for 26 years has had their offices for over 20 years on Brickell Avenue. I'm well familiar with Brickell
Avenue and with the conditions of it. I have heard a few things, which really upset me here today, and I'm
not prepared to answer them. I'm not an attorney and I'm not an architect. But by using common sense, the
first thing you would do is to look at the neighborhood. These people now want to put up a building with 359
units and 510 parking spaces. The Brickell Tower next to it, the southern neighbor, the adjacent building to
the south has 40 stories. Towers over this area of-- the Brickell Bay area and has only 140 units compared to
their 359. if will go to the other neighbor, on the north side, it is the Atlantis building, which is a landmark in
Miami; you will not find a building like this anywhere in the world. I don't care if it is Europe or South
America. The Atlantis has -- is a 20-story tall building and has 96 units. The new place here will have
more units in the Atlantis building and 219 more units than the Bristol Tower. The parking space 6s
unspeakable, with 510 parking slots. We now wait up to 10 minutes to get out of the high-rise complexes
onto the traffic flow of Brickell Avenue, where there's bumper to bumper traffic because of Southeast 26
Road, which is parallel to the...
Vice Chairman Gort: Thank you, sir.
Mr. Ritter: ...Brickell Toll Plaza.
Vice Chairman Gort: Sir, your two minutes are up.
Mr. Ritter: You have four major route -- major feeder routes going in.
Vice Chairman Gort: Thank you.
Mr. Ritter: There is no...
Vice Chairman Gort: Thank you.
Mr. Ritter: ...equal housing.
Vice Chairman Gort: Thank you, sir. Next.
Mr. Lewis Schwartz: Hi. My name is Lewis Schwartz and I live at 2105 Brickell Avenue, Apartment 123-B.
And my concern is the displacement of 144 families. I know it's inevitable that something is going to happen
at that property. I realize that it is -- needs to be utilized in a better way. However, we do have a community
174 December 14, 1999
that is there now, and it is my concern that I feel somewhat like a squatter. You're going to come in and say,
"you're out. Find another place to go." And I really don't appreciate the fact that I feel dismissed. I'm an
active member in the community. We have a lot of active members in the community and nothing has been
done -- I realize we have no title or deed to this property. I realize that. However, it is my home and I've
invested in that home. It's been a good run and 1 love that place. You know, my rent is considerably cheaper
than any other property on that land -- on that strip. I love where I live. I love the fact that 1 can be a member
of that community. Take that away, and I have no place else to go to get what I have now, and nothing is
being done to help me find something to replace that. I feel like I'm being dismissed. I'm a voter. I'm
concerned about the community. And the rest of us feel, I think, the same way. All I'm asking for is is some
sort of -- I don't know -- help or courtesy or, you know, just the little bit more consideration to the fact that,
you know, we are people who live there. We're Middle America, whatever you want to call it, lower, upper.
Whatever it is, it doesn't matter.
Vice Chairman Gott: Thank you, sir. Your two minutes are up.
Mr. Schwartz: I don't want to be dismissed that way either, OK?
Vice Chairman Gort: Sir, look, we have these two books...
Mr. Schwartz: Look, I think that we should be considered.
Vice Chairman Gort: ... that we still have to comply with.
Vice Chairman Gort: And we have a lot of people here that have to be considered also.
Mr. Schwartz: I respect that. I respect that.
Vice Chairman Gort: There's a lot of citizens here that pay taxes, they vote also, and they have to be
considered.
Mr. Schwartz: Thank you for your time.
Vice Chairman Gort: I'm being more than considerate and your attorney can tell you. Yes, ma'am.
Ms. Wendi Werther: Good evening. My name is Wendi Werther and I live at 2105 Brickell Avenue,
Apartment 219. I'm not just here as a resident of Brickell Bay Village currently. I'm here because I am a
field ecologist. I attended Rutgers University from 1974 to 1984 and have received three degrees from there.
Currently, I realize that they're probably going to knock my building down, eventually, but I have a concern
as an environmentalist and as an ecologist. Right now, I look at Brickell Avenue -- and I've lived for the last
15 years -- and during the wintertime, there are tremendous numbers of migratory birds that travel over
Brickell Bay Village from the bay and onto the land and into the park area of South Miami Avenue. By
building up the corridor, they are -- with the high buildings and having only 100 feet of space; you're talking
about limiting the number of organism that can come in off the bay safely. Currently, when you walk down
Brickell Avenue or you drive down Brickell Avenue, there's quite a bit of space between the buildings. What
they're doing now, by putting this a 100 feet away from the Atlantis is, they're closing that corridor off to the
wildlife. My other real concern -- and it's something, I'm not sure, has been addressed address by the
Building Commission.
Commissioner Teele: I'm very tempted to ask, how is that going to impact the birds?
Vice Chairman Gort: Don't ask...
175 December 14, 1999
Commissioner Sanchez: The wildlife.
Ms. Werther: Birds don't fly over 29-story buildings. if they're corning in off the bay at a low level -- and
right now there are tremendous number of egrets, warblers, and other small birds that use the area and the
marsh behind the Atlantis, and around Brickell Bay Village and over toward where the Bristol 'rower is.
They won't be able to come in up over that building. Now, the Atlantis has got a really, lovely selection of
trees and they're actually native. I'm really concerned that this is going to close it all in and keep that wildlife
from getting in off the bay. I'm not sure that they have addressed that issue in any way, shape or form, and
I'm concerned about it. My other issue -- and I really need to do this in my two minutes -- is, I'm not sure that
they have addressed the issues of wind tunnel effect. At this point, by putting another very long, narrow
building on Brickell Avenue and having it 100 feet away from the Atlantis, what type of winds are they going
to generate during a hurricane? During Hurricane Andrew, all of our windows were broken in the Atlantis
and at Brickell Bay Village. At this point, I'm not sure what's going to happen when 220 mile an hour winds
come roaring through Brickell Avenue, and 1 don't know if they've done that study. It's called a Wind Tunnel
Study. in New York, it is a very well-known thing that, if you go in between two, very long, narrow
buildings, you get nailed with wind. And I really think they need...
Vice Chairman Gort: Thank you, ►na'am.
Ms. Werther: to address that issue. Thank you.
Vice Chairman Gort: Thank you. Yes, sir.
Mr. Jonathan Rose: Good evening, gentlemen. My name is Jonathan Rose.
Vice Chairman Gort: You can bring the mike up.
Mr. Rose: And I'm a resident of Bristol Tower. I would like to say how much I agree with my
colleague/lady, who's also a unit owner on Bristol Tower. In the risk of not repeating what has already been
said, I would just like to point out that the development that is currently under consideration is the only
development on Brickell Avenue, which will impose parking above ground. Everybody else has parking
below ground. And that is just one example of something that has not been, although slightly addressed, has
not been fully addressed. And when Ms. Toledo, representing the developers here, wants to point out all the
changes that they have made, in order to make themselves more compliant with the neighborhood and the
environment, I would suggest to you that this one shiny example of yet a game where this is completely
untrue. I will now submit my extra minute to the person behind me.
Vice Chairman Gort: Thank you. Yes, sir.
Dr. Haim Shaked: My name is Dr. Shaked. I live on 2025 Brickell Avenue, the Atlantis Building. And
according to your request, Mr. Chairman, I will not repeat the arguments that were made. I just want to
express a feeling and a few concerns. We are not here to protect the home. We are not here because
someone is going to do something, which is right. If everyone is doing what's right and what's their right,
there shouldn't be a meeting at all to discuss it. We are here in order to use discretion and judgment with
something which is coming up in the neighborhood and which is a huge, oppressive, literally vertical football
field that is disrespectful to the existing adjacent buildings in the whole neighborhood. It is not a welcome
guest. It is an intruder and it should be treated that way. Their requests -- their revised requests for 359 units
is 370 percent bigger than the Atlantis; 220 percent bigger than the Bristol, which is round. It makes a big
difference whether you're round or whether you go east/west. The Santa Maria, which came up recently on
the street, is 171 units and it goes north/south, not east/west and it makes a very major difference. Their most
176 December 14, 1999
r
recent building, which is coming up now on the street, is 191 units, the Metropolitan, not 359 units. If we are
here because a Major Use Special Permit is required by the developer's requests, which, by fat-, exceed the
existing norm in the neighborhood of landmark buildings, which are about 200 units, it means that you,
gentlemen, Commissioners, should use your judgment and protect the neighborhood and its inhabitants. You
will determine whether Miami is a city prey to developers or a city of its people. In a few minutes we'll all go
home, but the neighbors, the people who have lived there, those who are being displaced, unjustly, will be
irreversibly damaged because the value of our properties has already collapsed, as you'll here in a minute.
The most beautiful residential street of Miami will be...
Vice Chairman Gort: Sir?
Dr. Shaked: One more sentence.
Vice Chairman Gort: Your two minutes are up, sir.
Mr. Rose: He has an extra minute.
Dr. Shaked: One more sentence, please. Not a page, one sentence.
Vice Chairman Gort: Go ahead, sir.
Mr. Rose: He has an extra minute.
Dr. Shaked: I am a professor...
Vice Chairman Gort: Excuse me. I'm conducting this meeting here, you're not, OK?
Dr. Shaked: Sir, thank you.
Vice Chairman Gort: Thank you.
Dr. Shaked: I promise one sentence. Not more than that.
Vice Chairman Gort: Go right ahead, sir.
Dr. Shaked: I'm a professor of history. Let me remind you, please, that in every city's life, there is a moment,
which heralds the renaissance, and there is a moment, which ushers in a dark age. Please, consider that when
you vote for this particular development. Thank you.
Vice Chairman Gort: Thank you, sir. Yes, sir. (Applause) Excuse me. Please. We've got a lot of business
to deal with, yet.
Mr. Ignacio Reina: Good evening. My name is Ignacio Reina. I Live on 2105 Brickell Avenue. I'm
originally from Europe, where 90 percent of the art is located. Believe it or not, many people from Europe
come to look at this building and take pictures of the building. The same way when we go to Europe, take
pictures of the Colosseum. This is considered a piece of art for them. We may not appreciate it because we
see it every day. For people from Europe come over here -- sometimes it may seem stupid, but they come to
look at this building to take pictures of this building. This is a piece of art for them, like it's for us, one piece
of art in Europe. We may not consider it too much because we see it every day, but that's the way it is. And
it's a nice piece. I also tell you that I pay eight hundred and fifty dollars ($850) for a two bedroom
177 December 14, 1999
apartments. Those new leasing, there will be fourteen hundred for a studio, which we is very, very
expensive. Thank you very much.
Vice Chairman Gort: Thank you. Yes, ma'am.
Ms. Ruth Shaked: I'm Ruth Shaked. I have lived, in the past five years, in the Atlantis on Brickell...
Commissioner Winton: We can't hear you.
Ms. Shaked: I'm sorry.
Vice Chairman Gort: You have to speak into the mike, please.
Ms. Shaked: I'm Sorry. My name is Ruth Shaked. I've lived, in the past five years, in the Atlantis on
Brickell. And as I have to shorten up, I just want to read part of my letter to you. We do not object to a new
development, but we ask respect for any -- like any other civilized society has. For an icon -type building,
like the Atlantis, that has been there for 18 years and for the people that live in it. By putting such a
monstrous project, not only will you show disrespect for us in our property, you are certainly making a
developer richer and other people rich but, at the same time, you're making your own City, that you're
supposed to respect, to protect and to fight for, poor; poor quality of people who love -- who want to live
here; poor of quality of life; poor of beauty, and most of all -- and here I quote an internationally known
Miami Architect, poor of human scale. In our day and age, great cities do their best and invest millions to
preserve what they have and to beautify their looks, in particular, neighborhoods close to their downtown. By
approving such building, you will do just the opposite. And, furthermore, be sure that we, and many other
people like ourselves, top taxpayers, will not wait too long before we move out of the Brickell neighborhood
and the City of Miami, where systematically the quality of life is declining. If the Atlantis loses, this vote,
you lose and the City of Miami and all of us lose because you fail to protect us. Dear Commissioners, all of
this is happening on your watch. Please, do not make decisions, which bring about irreversible outcomes.
Please, stop the destruction of our homes, our street and our neighborhoods. I beg you to, please, vote no.
Thank you.
Vice Chairman Gort: Thank you. Next?
Mr. Siavash Afra: Good evening. My name is Siavash Afra. I live on Brickell Avenue, 2021 -- 2127
Brickell Avenue. I'm not opposing the building of the building because I think progress is good, and the only
problem that we have, I wish, before you vote on this matter, you would go in the morning, early in the
morning, around 8:30, 9:00, and try to get out of our building. You see the congestion and the traffic.
Average building on Brickell Avenue has about 200 units. This particular project, it will have about 359
units. And, basically, what we are not looking at, by having 520 some parking and having two -bedroom
apartments, sometimes you have people living -- two people living one -- two bedroom apartment and, as
well, they will have two cars. So, basically, you were adding about 700 to 800 cars, if the building fully is
rented, which I'm sure it's going to be. So, you're adding about additional 800 cars at a time that will travel
through Brickell Avenue. And I don't believe that Brickell Avenue is really capable of handling that kind of
traffic, especially by having two major hotels being built down the street and, also, the Metropolitan being
built before this particular building. So, I hope you will take this into consideration before making a vote on
this. And I appreciate for listening to me. Thank you.
Vice Chairman Gort: Thank you, sir. Next.
Mr. Bruce Edwind: Hi. My name is Bruce Edwind. I live at 2025 Brickell Avenue, the Atlantis. It won't
repeat my letter that I sent to you yesterday because it's substantially the same as the other comments, but I
178 December 14, 1999
will say that I just bought my unit in the Atlantis in April. Just became a first-time homeowner. And while 1
make well -above median income, I'm lucky to live in the Atlantis on Brickell, and even though I make much
more than the median income, 1 had to choose an apartment on the 7th floor to have an apartment that I
believe is affordable and, so, now, if the new building comes in with its height, I will lose the small view that
I have, and I don't believe that there is very many choices on Brickell Avenue, with the new buildings, to buy
a two bedroom apartment or even rent a two bedroom for the -- what I feel is a high level of income that I
earn right now. And if you are concerned about the historical aspect of the building. If you look in a series of
books around the country that are called -- this one is over Florida; there's over California; over Washington,
books in the series, you'll see that one of the pictures -- one of the few pictures of Miami has a picture of the
Atlantis Building. Thanks.
Vice Chairman Gort: Thank you. Next. This will be the last speaker. Getting repetitious. Yes, ma'am.
Ms. Kathy Shabathai: Kathy Shabathai. I'm a Real Estate Broker. My office is at 7800 Red Road. Kathy
Shabathai. I'm a Real Estate Broker for 30 years in Miami. I've lived here for over 50 years. I'm at 7800 Red
Road, Suite 330, South Miami. My first concern is a long-tenn resident. I remember Brickell Avenue...
Ms. Garcia -Toledo: Excuse me. I'm song to have to interject. Is she testifying as an individual or as an
expert?
Ms. Shahathai: I'm testifying as an individual and an expert?
Ms. Garcia -Toledo: OK. As an.
Ms. Shahathai: I have a listing at the Atlantis.
Vice Chairman Gort: Excuse me. Vicky, I'll take care of that. If you testify as an expert, are you a registered
lobbyist with the City of Miami? Are you being paid for your testimony?
Ms. Shahathai: I'm sorry?
Vice Chairman Gort: Are you being paid for your testimony?
Ms. Shahathai: I am not.
Vice Chairman Gort: She's doing it pro bono.
Mr. Robbins: That's correct.
Vice Chairman Gort: OK.
Ms. Garcia -Toledo: I also need to establish her background and her license...
Vice Chairman Gort: Excuse me, Vicky. You can bring all those questions later on, please. This is not a
court, guys. Look, we're not going to be here all night. Look how many cases we have way in front of us yet,
and we still have an agenda we have to deal with.
Ms. Shahathai: I'll be very quick. I'll be very quick.
Vice Chairman Gort: So, please, bear with me, please. I'm trying to be as fair as possible.
179 December 14, 1999
1
ass.
Commissioner Teele: But, Mr. Chairman?
Vice Chairman Gort: That's why this is the last speaker.
Commissioner Teele: But, Mr. Chairman, we certainly want to make sure that all parties know that we have
as much time to deal with their issues, as they require. And I think what Vicky was trying to do is establish
that, if she is testifying as an expert, then, her credentials need to be put on the record.
Vice Chairman Gort: Well, I think she stated her credential was 50 years -- 30 years in the business and
50-year resident of Miami.
Commissioner Teele: Well, normally, degrees and public...
Ms. Shahathai: If you would, I'd clarify it a bit more. I had a Century 21 office.
Commissioner Teele: Normally, degrees and publications are...
Ms. Shahathai: I have no degrees, other than the real estate brokerage. I worked as -- under Century 21.
Vice Chairman Gort: Guys, this is going to go to court anyway.
Ms. Shahathai: How much do you want to know?
Vice Chairman Gort: Whatever takes place here; it's going to go to court. So, we've got enough documents...
Commissioner Teele: Yeah, but let's don't -- let's make sure we don't...
Vice Chairman Gort: Let's not be -- but let's not be the judge in the court.
Commissioner Teele: Let's make sure we don't get the record wrong.
Vice Chairman Gort: Go ahead, ma'am.
Ms. Shahathai: Worked in all phases of real estate, 30 years. I have a listing at the Atlantis. I want to tell
you that, in the last several months, shown it 25 to 30 times, not only the listing I have but other units in that
building. One hundred percent of the people know about the building that's being built next door and they're
afraid of it. They have a negative opinion of what's going to happen. They say they don't want to live next
door to a rental building. In my 30 years, and all the years I've lived in Miami, I have never seen a rental
building that enhanced the neighborhood. From a personal standpoint, I'm proud of Brickell Avenue. I have
international clients, and I'm not looking forward to bringing them down Brickell Avenue with a rental
building there, what's being proposed. I've seen a lot of mistakes made in our community over the last years,
and all of my relatives have talked about it. And this is an opportunity that we can look at it and not make the
mistakes that have been made before. As to the displacement of the people in the adjoining building, I tried
to help one person. She was paying seven hundred dollars ($700) a month. She is an intern at the City -- at
Children's Hospital, and we had to find a place for her, substantially more.
Vice Chairman Gort: Thank you, ma'am.
Mr. Robbins: We have the gentleman that did the Housing Impact Analysis, that Mr. Teele was, specifically,
requesting.
180 December 14, 1999
}
Y
1
Vice Chairman Gort: OK, please. Let's get it out. We're being unfair in...
Mr. Robbins: Right.
Vice Chairman Gort: ...letting the opposition do a lot more than the presentee, OK? So, let's go and get it.
Mr. Robbins: May I bring him forward?
Vice Chairman Gort: Sure, go right ahead. Let's go.
Mr. Britt Rosen: My name is Britt Rosen. I'm a Dade County resident my whole life. I'm a Real Estate
Appraiser, General Contractor. I have a professional designation of CCIM, which is Certified Commercial
Investment Member. And, Mr. Gort, I would like to...
Vice Chairman Gort: Your address, please.
Mr. Maxwell: Your address, please.
Mr. Rosen: Excuse me?
Vice Chairman Gort: Your address.
Mr. Rosen: My Address is 8603 South Dixie Highway, Suite 305, Miami. I would like to respectfully
request four minutes instead of the two, since I am talking about the affordable housing issue, which...
Vice Chairman Gort: Sir, I'd like for you, if possible, to try to do it in three. How's that? OK?
Mr. Rosen: OK, That's fine. OK. One of the items -- I'm going to talk about highest and best uses, as a real
estate appraiser. Highest and best uses is very important when we're talking about value, and I think the
question here tonight is highest and best use. Because we're looking at a development -- and I haven't heard
the speakers tonight, but I understand and I haven't had much time to research this at all -- but that the present
development allows, under the zoning, present zoning, 200 units, and that the increased density -- the most
returns of land would be the highest and best use of the land. The increased density is allowed through a
PUD or Special Use Permit. So, we're talking about highest and best use here. And under the Special Use
Permit, the requirement is, for a Development Impact Study, which includes the Development Impact
Study includes an analysis of the housing supply. And, Mr. Teele, I know lie wanted to know about this. So,
under the PUD and the Special Permit, the housing supply must be looked at, and it's an important fact. Now,
look, the Brickell corridor -- and I have an exhibit -- the Brickell corridor -- I have a map here -- is unlike any
other sector in Dade County where there is a huge void in the moderate income.
Vice Chairman Gort: Excuse me.
Mr. Rosen: Yes.
Vice Chairman Gort: Let me interrupt you for a minute. I've just been told by our attorney. Are you
testifying as an expert witness? Are you being paid for your testimony or are you doing this pro Bono?
Mr. Rosen: Commissioner Gort, I don't know the issues involved with that. I believe I'm an expert, but if I
have to register to be a lobbyist, I will do so.
Vice Chairman Gort: Well, my understanding is -- and, Mr. Attorney, you want to clarify this?
181 December 14, 1999
Mr. Maxwell: Yes. Are you being paid, compensated for your testimony today?
Mr. Rosen: 1 have not been paid yet.
Mr. Maxwell: You are contemplating payment?
Mr. Rosen: Yes, that's correct.
Mr. Maxwell: Then, you are a lobbyist. Have you registered?
Mr. Rosen: No, I have not.
Mr. Maxwell: Then, you cannot testify, sir.
Mr. Rosen: So, I will testify as a citizen, without being — I will change my position on that and...
Mr. Maxwell: You are waiving all payment?
Mr. Rosen: I'm waiving payment.
Vice Chairman Gort: He's waiving all his payments, OK?
Mr. Rosen: I'm waiving payment to testify, basically.
Vice Chairman Gort: That's real good.
Mr. Rosen: I mean, I...
Vice Chairman Gort: Go ahead, sir.
Mr. Rosen: Well, I had -- we had very little notice.
Vice Chairman Gort: Excuse me. Go ahead, sir. Continue.
Mr. Rosen: You know it's not an issue.
Vice Chairman Gort: Continue.
Mr. Rosen: We had very little notice.
Vice Chairman Gort: Go ahead continue.
Mr. Rosen: So, therefore, I have not spent that much time on it. But I can tell you, from this map...
Vice Chainnan Gort: You're spending much time.
Mr. Rosen: Well, another minute and a half I have, at least, I'm sure. About two minutes left? Would you let
me know when I have a minute left? OK. This exhibit points out that there is a plethora of A -- let's classify
it A, B and C. There is a huge supply of luxury units in the.market, a huge supply, all along Brick -ell and
down the corridor, the Brickell corridor, which is here. There is low and affordable housing north of 15
182 December 14, 1999
Street, east of Miami Avenue, up to 95, south of the Miami River, where you can -- apartment goes for 350 a
month with assistance from the government and stuff Yes, as low as that. There is no moderate. In fact, the
only moderate income -- the only moderate housing exist on this site, and even previously on another site of
the proposed developer of this property, on the mouth of the river, where the Miami Circle was, where there
was some low income housing. That's it. So, it's -- a study would be required to be done and the master plan,
to be in conformance with a Special Use Permit, to be in conformance with a master plan would require a
study of this. The master plan wants additional moderate -income housing up to year 1994 and 1999, to
increase 10 and even 20 percent. We are going contrary to that and removing whatever moderate housing we
have on the subject site. So, therefore, it is not consistent with the master plan. And if you look at the study
of -- there is none. There are luxury residents. There are two sources of rents, from rental -- luxury rentals
and condos, which are rented, where the owner is absentee. There is a huge amount of luxury -type units that
go up to six thousand a month. The subject property, the rents are, from what I understand, 650 to 750 for
one bedroom and 1200 up to -- you know, nine to twelve hundred dollars ($1200) a month for the two
bedrooms. You can't find that. The lowest Class A building is one on the west side at 1550 Brickell, where
rents are, you know, equal to what's proposed at the subject. So, aside from the low income housing...
Vice Chairman Gort: Time up.
Mr. Rosen: My time is up? OK. Well, thank you.
Vice Chairman Gort: Thank you. OK.
Mr. Robbins: This gentleman, who's also speaking and has not been compensated and will not be
compensated, had no intent to be compensated.
Vice Chairman Gort: You guys are very good.
Mr. Dennis Wilhelm: Never. Never thought of being compensated.
I'm Dennis Wilhelm, 2655 Pine Tree Drive. I'm an author -- Architectural Historian. I'm co-author of the
book, "Rediscovering Art Deco USA," which was written with Barbara Capperman (phonetic) and
Michael Cannard (phonetic). I'm also the archivist for Architectonica, so I'm here to tell you a little bit
about the Atlantis, the famous building with the hole in it. When it was built, it took the architectural
world by storm and put Miami on the architectural map. It was the first of Arch itecton i ca's new brand of
tropical modernism and quickly became the most photographed and published building in Miami. I've
submitted a binder, which you'll see just a sampling of a few of the articles that have been written about
it. It literally appeared in magazines all over the world. The Japanese loved it, in particular. But, then
again, so did the Germans and the French. It was published in such far away places as Indonesia and
Turkey. Wherever it appeared, Miami benefited. The Atlantis became the symbol of the city. Its sleek,
hip, whimsical style, with a tropical, Latin flavor, became what Miami was all about. A photo of the
skycourt was used as a cover for T.D. Alman's "Miami, City of the Future." It became even more famous
when it appeared in the opening credits of "Miami Vice." People all over the world saw it on their TVs
on a weekly basis. Over 20 years later, it's still being singled out. It won the AIA (American Institute of
Architects) Test of Time Award in 1997 and was one of only 220 buildings in all of the US, included in
the Witney Museum Sky to 20th Century American Architecture. Just recently, Sak's Fifth Avenue
singled it out when they made a snowball for architectural icons of great American cities. Miami's icons
are the Centrust Tower, the Atlantis and Miami Beach's Art Deco District, But I'm not here only to tell
you how famous the Atlantis is. You probably already know that. I'm here to ask that you see to it that
the new neighbor is required to find the design that is compatible and that is sensitive, as possible.
Please, require the new design to treat the Atlantis...
Vice Chairman Gort: Thank you, sir. Two minutes are up. Thank you. Commissioner Teele.
183 December 14, 1999
Commissioner Teele: 1 just want to hear the last sentence. "Please require."
Mr. Wilhelm: Oh, good. Thank you. Please require -- I lost my place. Please require that new design
should treat her like you would treat your grandmother, with respect. (Applause)
Vice Chairman Gort: Please. Come on. Please. Yes?
Mr. Robbins: We have submitted a compendium of reports and analysis of the Architectonica, and that was
prepared by Mr. Wilhelm, and we're introducing it into the record, documenting the architectural history of
this building.
Vice Chairman Gort: Thank you.
Mr. Micky Biss: For the record --I'm just waiting for the Court Reporter. For the record, my name is Micky
Biss. I reside at 2025 Brickell Avenue and I've resided there since 1985. 1 will be as brief as possible and
speak as quickly as possible to accomplish that. I will try not to repeat anything. I want to just point out to
all of you that my understanding of the development on Brickell, which I've looked -- watched very closely
for the last 16 years and studied the preceding years is that, this is the first time, in the development of the
beautiful high-rise condominiums and rental buildings on Brickell, that we're actually displacing families.
All the other sites -- and anyone correct me here if I'm wrong -- were old boarded up mansions or vacant
lands. So, this has to be, seriously, taken into consideration. Because, for the first time, viable good housing
is being taken down and 144 families are being displaced. That was not really highlighted before, which is
why I'm pointing it out now. Next, let me say, quickly, that a lot of things have been misunderstood,
including, I believe, by your Planning Board last night. When we talk of the Atlantis, which I'm very proud
of and have loved from the first day I've seen it, we're not talking of selfishly protecting our views. We're
talking of protecting an icon of this City. It's not just an icon from the 80's, from Miami Vice days. This is
what our historian just testified to. This is available around the world today, in Sak's, in Bloomingdale's, in
Macy's, and they have three icons depicting Miami, like the Eiffel Tower, they have depicting in the
respective globe of Paris. They have of three --and the Empire State Building in New York. What are the
three icons? It's the Atlantis on Brickell; the old Centrust, now the Nation's Bank, and the nondescript Ocean
Drive. Why cover that up from view of the world that comes here, as others have testified, to see it? It's such
a valuable resource. And lastly, let me tell you, that the reason we're here, as the doctor and other good
people have suggested and reminded you of, is because we need you to control development. I am a
developer. I just got -- for the record; I want to make it clear. I'm not against development. I just got a
building permit, which is considered a high-rise in another municipality right near here. But I'm for a profit
development. And it's because of that -- in 1980, late 80's, I founded what's now known as the Brickell
Homeowner's Association and we did have a positive input on development. And I want to tell you -- and
that's also not been brought out here -- that the Bristol, whatever you want, including the developer keeps
referring to, is like a benchmark. What was proposed for the Bristol before the Bristol was built was a similar
building to what's before you tonight, a football field direct. And the community stood up -- and I was one of
the leaders of that community, which was the foundation of the Brickell Homeowner's Association -- the
Genesis, rather, of the Brickell Homeowner's Association. We opposed the inappropriate development. We
stopped it. And what do we have today? A benchmark development like the Bristol. So, with all due
respect, Commissioners, you sit here in judgment of the future of Miami and Brickell Avenue and the
skyline.
Vice Chairman Gort: Thank you. Sir?
Mr. Biss: You're not stopping development. You may just be, if you vote against this...
184 December 14, 1999
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w
Vice Chairman Gort: Sir?
Mr. Biss: ...stopping an inappropriate development.
Vice Chairman Gort: Thank you, sir.
Mr. Biss: And lastly -- and lastly, and very much lastly. I want to tell you that the reason you've given more
weight to one side, respectfully, is because there is no other side here represented, except by the developer.
Vice Chairman Gort: Well, you know, I made mistake.
Mr. Biss: Yeah.
Vice Chairman Gort: As always, during zoning hearings, the proponent gets a chance to present all the
expertise...
Mr. Biss: I understand.
Vice Chairman Gort: ...all their arguments, and in order to save time, I allowed you all to come first. And I
want you understand this because I want you -- all of you to understand that, all right? I'm not being very fair
to them.
Mr. Biss: I understand that completely.
Vice Chairman Gort: I'm not being fair to them at all.
Mr. Biss: I want to, just in my closing, you said a sentence or so. I just want to amplify that the community
support or the community's sentiment speaks loudly. It screams out to ask you to, please not let this
development go forward, which is why they're here for a special permit. And if they didn't need your
permission, they wouldn't be here. As the founder of the Brickell Homeowner's Association, I want to submit
into the record the resolution that was voted on by this association at the last time they took a vote, June 16,
1999, and I quote the one sentence from the resolution of the Brickell Homeowner's Association, representing
thousands of families in the Brickell community, and the resolution reads: "The Brickell Homeowner's
Association is opposed to the granting of a Major Use Special Permit for the proposed Brickell Village
Apartments Project at 2101-2105 Brickell Avenue, as presently designed."
Vice Chairman Gort: Thank you.
Mr. Biss: That's the quote from the minutes -- these are the minutes, which I'm submitting into the record.
Vice Chairman Gort: Thank you, sir. Thank you.
Mr. Biss: And I ask you and implore you to, please...
Vice Chairman Gort: Thank you.
Mr. Biss: ...listen to the community.
Vice Chairman Gort: Thank you.
Mr. Biss: Thank you.
185 December 14, 1999
Vice Chairman Gort: Thank you. Yes, ma'am.
Ms. Garcia -Toledo: In order to protect my client's interest, there's several items that I need to rebut on the
record, and I need you to hear from three experts. I've asked them to be very exact and quick in their
presentations. But very quickly, let me, as a housekeeping item; ask that all matters that have been submitted
to the City, regarding this application, be made part of the record. I also would like to tell you that when you
hear that there are no studies, this is what your Code requires for us to put together in order to commence this
process. This is the Major Use Special Permit application. it is submitted -- 35 copies of these are submitted
to the City for review and that is the information on the studies that are being claimed as not being there.
Number one, in terms of issues of notice that have been raised here, i would like to enter into the record the
case of Clarence Maley versus Clay County Zoning Commission that says, that basically, even if there is a
defective notice, appearance by those claiming the defense is an absolute cure. And I'd like to put that into
the record. Number two, I would also like to submit into the record a study that I did based on all of the
Major use Special Permits that have been built in the Brickell Corridor within the last 10 years. Not one --
excuse me. One out of 10 -- out of 12 have actually -- all of them, with the exception of one, have received
PUD (Planned Unit Development) bonuses, including the Bristol, which the Atlantis claim is a wonderful
building and a great neighbor. There was a claim that surveys and plans on file are not signed and sealed.
I'm sorry that some people are not familiar with the project, but there are four complete sets of plans that have
to be walked through before an application is even submitted, signed off by four departments and made part
of a record. Further, there was a section of our Zoning Code that specifically says, that once staff determines
an application complete -- and you can elicit that testament from your staff -- once they determine it
complete, if anyone has an objection, they have to file an appeal within 14 days to the Zoning Board. That
time has run. No appeal was filed. They cannot raise that issue at this point and time. In terms of the
architectural landmark that you heard a great deal, this building has a sister building, an identical building. It
is located in part of the Hong Kong Harbor, in communist China, today, and it was built shortly after this
building was built in Miami. It's not only the same building, but the same dimensions, the same coloring, the
same structure, the same stairway, and the same columns. You've heard a lot about low-income housing, and
no one really answered that question. But, Commissioner Teele, I think the only reference that there has
been, as to low income, is that the Miami Circle site has been referred to the Brickell Point -- Miami Circle
site has been referred to as low income housing. Well, Metropolitan Dade County and your State of Florida
paid twenty-eight point four million dollars ($28,400,000) for that low-income housing. So, I think that gives
you an idea of the concept of low income that we're talking about here. But, for the record, I'd like to state
that the actual rentals proposed for our building, the one bedroorn start around 895 and the two bedroom start
around twelve hundred dollars ($1200) a month. Also, there was a lot of talk about notice. As I said in my
opening remarks, we started this in October of 1998. After we came to PAB -- I have a series of letters that
were sent to legal counsel for both of these buildings. Most of these letters are addressed to both, Mr. Jeff
Bass, as attorney for the Bristol, and Mr. Kent Harrison Robbins, as attorney for the Atlantis. They're dated
May 24th, again, June 18th, again July 23rd, again September 1 st, and the last one October 4th. All of these
letters were requesting meetings, communication and opportunity to work together. They were not responded
by the Atlantis. They were responded by the Bristol. And the end result of that response was the agreement
and the revisions. We have gone through the same process that Atlantis went with the Bristol when the
Bristol wanted to be built. It was presented; they objected; they communicated, and it was resolved. We
have done those with those who want to meet with us. Unfortunately, we cannot force people to meet with
us. And I'd like to enter those letters into the record. Further...
Mr. Robbins: May I take a look at those letters'?
Ms. Garcia -Toledo: Absolutely. Oh, and may I say that inside those letters is a copy of a letter from Mr.
Robbins addressed to me, to show his letterhead, and that all of our letters were addressed to his proper office
address. After we -- after Commissioner Winton deferred this matter last month, the Brickell Homeowner's
186 December 14, 1999
Association, through Tory Jacobs, asked us to come and do a presentation and we did, the day immediately
following, I believe, the last Commission meeting. At that meeting, for the first time, the newly -elected
president of Atlantis and my client started to communicate. There were a series of meetings. We tried. The
only -- we never were given a list of objections. And I go back to what Commission Winton said earlier. All
he's hearing here is that they want to protect the public views of the building. They're not even concerned
about their views. The only time that we received communication was in a letter dated December 6th from
the new president of the Atlantis. And on December 6th, she writes, "We are hopeful that, at this point, you
will withdraw your application for what we consider an inappropriate building and, then, work with us and
other members of the neighborhood to create an appropriate development for this very significant and
important site." We've been trying. We've been desperately trying to do that, to no end. So, I'd like to put
that into the record. I also would like to state that one of the individual who spoke here today and who's
being represented admitted that lie was a developer. He's asking you not to approve this. We have been
delayed. They have not come forward to try to resolve this matter. That same very person, who's claiming
unfair treatment of FARs, filed suit against the City of Miami and Micky Biss and USA Express versus City
of Miami Beach, Florida, because he claimed the City would not give him FAR documents...
Mr. Robbins: I'm going to object to this. It's irrelevant, immaterial...
Ms. Garcia -Toledo: And.
Vice Chairman Gort: Excuse me. Excuse me.
Mr. Robbins: And has a lawsuit...
Vice Chairman Gort: You were not interrupted during the meeting, and I'll ask you not to interrupt, OK?
Mr. Robbins: I would just...
Vice Chairman Gort: This is not a court order, sir. You brought your expert and your people spoke and I let
everybody speak. Please, do not interrupt. Thank you. This is not a court. Thank you.
Mr. Robbins: I just...
Vice Chairman Gort: Thank you, sir.
Mr. Robbins: I'll make my comments later.
Vice Chairman Gort: Thank you.
Ms. Garcia -Toledo: Again, this was case number 99-1675, filed in the Appellate division and, basically, it
was a lawsuit demanding FAR and demanding immediate permits be issued, and unnecessary delay. Another
major issue that has been mislead here. When we shortened the building, we did not move the building
forward towards Brickell. It was simply the building was shortened from the waterside. So, we did not
increase any loss of use, even though -- those views are not protected by our zoning ordinance. I also have to
object to the view corridor studies that were entered as part of the testimony because, in fact, they did not take
in account the modifications of our building and what those impacts created. And, also, we have the attorney
testifying as to the issues of view corridors. I very quickly need to tell you also that there was some concern
from the tenants of the building that they did not -- that they were dismissed. Please be advised that the
management of the building did send, to all of the tenants in the building, a letter to come to the management
office and we would discuss with them all of our plans and our timetables. I would like, at this time....
187 December 14, 1999
[OUTBURSTS FROM THE AUDIENCE]
Vice Chairman Gort: Excuse tile. Excuse me. Hey? Excuse me. Excuse me.
Unidentified Speaker: I'm a tenant. This is not true.
Vice Chairman Gort: You were not interrupted and I'm going to ask you to sit down or you're going to be out
of order here. Thank you.
Ms. Garcia -Toledo: I think you heard some very good testimony and, unfortunately, I'm really a little bit at a
loss here because I don't know who was testifying as an expert or not as an expert, due to the confusion and
the lobbying and so forth. But you heard the real issue here and it was the testimony of someone named
Kathy Shabathai, I believe. I'm sorry if I'm mispronouncing the name. The real estate broker, who said she
had all those years of experience. She said "rental," not on Brickell. Never. This is a problem. This is a
discriminatory attitude towards having rental building in the corridor of Brickell Avenue. I would like, at this
time, very quickly, to enter into the record...
Vice Chairman Gort: I'd like to tell you, there's a couple of buildings that rent there. They're rentals. They're
not oNAmership. Right on Brickell Avenue, and you know it. You all know it.
Ms. Garcia -Toledo: I would like, at this time, to ask the traffic engineer to put the very short statement on the
record, as well as our Economic Impact Analysts, Mr. Darryl Sharpton, and Alicia Cervera to come forward
to rebut on some of the issues of real estate. I have some -- they are testifying as experts. They are all
registered lobbyists, and I have submitted most of their resumes on the record.
Vice Chairman Gort: Thank you.
Mr. Jack Schnettler: Good evening. My name is Jack Schnettler. I'm a Traffic Engineer with the
engineering firm of Post, Buckley, Schuh, and Jernigan, with offices at 2001 Northwest 107 Avenue in
Miami. My firm was retained to perform a traffic analyses for the proposed project, to address the
requirements of the City of Miami, with respect to the traffic operations of impact for this project. The
requirements were coordinated with the City of Miami staff, prior to conducting this study, and the analysis
were conducted in accordance with the specified procedures and criteria established for conducting such
studies. The study considered the fact that there's an existing residential property on the site, which generates
trips today, and would be replaced by the proposed project. Thus, there is a credit for the trips already being
made to and from the site. As directed by the study assumptions that were agreed to, we analyzed seven
signalized intersections to the north and south of the project on both South Miami Avenue and Brickell
Avenue. We also included the projected traffic from 900 committed developments that had previous
development approval. The study identified that the traffic service, with the project, at the seven
intersections, would be maintained at acceptable levels of service, and that there is no significant adverse
impact of this project in terms of traffic service. And, finally, that the City's requirements for traffic service
are satisfied by the results of the study. That was for a study of the original project with 421 units. With the
redefinition of the project at 359 units, the reduction in project size reduces the net new trips from about 51
peak hour trips to 29 peak hour trips. The net new project would, then, therefore, be -- a net new project
traffic would be about 40 percent less. Consequently, with the reduction in traffic, the conclusions of the
previous analysis remain valid. The acceptable levels of service would still be maintained, and that the
requirements of the City would still be fulfilled. The results, therefore, in the reduction of the project size
would represent betterment in the previous traffic conclusions. Thank you.
Vice Chairman Gort: What else? Vicky, is that it?
188 December 14, 1999
Ms. Garcia -Toledo: Mr. Sharpton.
Mr. Darryl Sharpton: Honorable members of the Commission. My name is Darryl Sharpton. I'm a
CPA/ABV (Certified Public Accountant/Accredited in Business Valuation). I am senior partner, Sharpton,
Brunston R. Company. Our offices are located at One Southeast 3rd Avenue, 21 st floor, Miami, Florida. We
performed an Economic Impact Analysis for the proposed development, as outlined in the application before
you today. And quite to the contrary of the testimony that you heard at about 6:18 p.m., this afternoon, by
Mr. Robbins, i.e. that this project generates or produces an adverse economic impact, we performed the study
that showed something quite to the contrary. To the contrary from the standpoint that, if I look at the
16-month construction period, which composes taxes, wages and something that I call economic output, as a
business valuation and economic advisor here, that 16-month period would generate benefit to the City of
Miami to the tune of roughly one hundred and four million dollars ($104,000,000). That's during that
construction period. That is broken down into three basic categories. Wages. You have wages to the tune of
roughly thirteen million three hundred dollars ($13,000,300). Economic output, which doesn't stop with the
initial rounds of construction spending, but after those initial rounds of construction spending, i.e. spending
with companies that are doing the construction work, companies that are providing services for this
construction project, as that money is respent for food, as that money is respent in salaries, those laborers go
into grocery stores, so on and so forth, that is producing another ninety-one million dollars ($91,000,000).
Now, what model am I using? I'm using the World Bank Economic Multiplier Model. It is a worldwide -
accepted model. What multipliers am I using to apply to the direct spending associated with this project? I'm
using those multipliers that have been generally accepted by economists in and around South Florida, those
reporting to both you, at the City of Miami, and other major municipalities in and around Dade County.
After this 16-month construction period, what are the annual benefits that are going to accrue to the City of
Miami? I would tell you that, in tax dollars alone, the gross revenues are going to equate approximately one
million six hundred--- excuse me. One million seven hundred and sixty-five thousand dollars ($1,765,000).
So, to the contrary of what's being said, that there is going to be a negative economic impact, I do not,
professionally, agree with that. Now, it has also been mentioned -- we have also -- I want to say to you that,
as we evaluated the viability of some of the operating assumptions associated with this project, I want you to
know that we actually referenced a major housing study that was performed by the firm of Rhineho, Wolf,
(phonetic) regarding the housing demand in all of the Brickell corridor. And I just want to quickly give you a
summary or a synopsis of what that study has indicated, for which we relied upon in validating our
assumptions. One, that there is a pent up demand for over six thousand housing units in the Brickell area.
The housing market is also -- the housing market only has a three percent vacancy rate along the Brickell
corridor. I thought you'd be interested in knowing that. In the interest of time, I'm going to reserve the rest of
my comments, I guess, to questions and concerns that you may have as it pertains to economic impact.
Mr. Robbins: May I cross-examine this witness?
Vice Chairman Gort: No, sir. Let me tell you what the procedure is in here. The procedure in here is -- and
you, as an attorney, know it very well. Better than I do. The applicant comes in, makes a full presentation,
and after the applicant makes his full presentation, we let the opposition speak and, then, the applicant gets to
rebuttal. As soon as he gets through, I'll close the public hearings and I'll allow you to do all the questions
you need to do, OK? Thank you.
Mr. Robbins: OK. As long as -- I didn't realize that that was the procedure.
Vice Chairman Gort: Go ahead.
Ms. Garcia -Toledo: Commissioners, for the sake of wrapping this up, I would just stop our testimony at this
point in time and submit ourselves to any questions you may have.
189 December 14, 1999
Vice Chainnan Gort: Thank you. We'll now close the public hearings. And my understanding is, the -- Mr.
Attorney, you have to guide me through this one because, in all the years that I've been here, this is the first
time you ask that this can be conducted, the...
Mr. Maxwell: The cross-examination?
Vice Chairman Gort: The cross-examination.
Mr. Maxwell: Yes, sir. This is a quasi judicial proceeding and..
Vice Chairman Gort: OK. So...
Mr. Maxwell: ...the courts have...
Vice Chairman Gort: You're going to ensure this portion of it, please, as an attorney?
Mr. Maxwell: You're asking me to -- I'm sorry.
Vice Chairman Gort: You're going to handle this portion of it as an attorney? Go ahead. I'm not an attorney.
Mr. Maxwell: Yes, sir.
Vice Chairman Gort: Which, legally, I cannot make an opinion. So, I want to know where we can stop,
where we can go, and how...
Mr. Maxwell: Oh, no. What you just said was fine, sir.
Vice Chairman Gort: OK.
Mr. Maxwell: You can conduct a hearing and you're conducting it properly. You are going to allow him and I heard you allow him the opportunity -- to cross-examine at a later time. As long as he is allowed that
opportunity, that's fine.
Vice Chairman Gort: Let's not say cross-examine. This is not a court order to ask questions and have
answers.
Mr. Maxwell: Well, there's a recent -- not so recent now case, Brevard County versus Snyder that says, "The
minimal due process in a quasi judicial procedure of this type does require cross-examination...
Vice Chairman Gort: Thank you. Go ahead, sir. Ask your questions.
Mr. Maxwell: ...of witnesses."
Mr. Robbins: This is addressed to the economist.
Vice Chairman Gort: To who?
Mr. Robbins: Would you, please, come up, sir?
Vice Chairman Gort: Excuse me. Who's this -- go through the chair?
190 December 14, 1999
,
Mr. Robbins: My question to the...
Vice Chairman Gort: To the economist.
Mr. Robbins: To the economist is, where is this Housing Impact Study? And, if, in fact, he did one, where is
it -- as part of the application, where is the analysis that's ,required under the PUD ordinance of the City of
Miami? May I take a look at that?
Mr. Sharpton: The study -- Darryl Sharpton. The study that I referenced -- the study that was performed by
our firm are within the context of other major Economic Impact Analyses that I have done for the Brickell
corridor.
Mr. Robbins: Did you submit that Housing Impact Study for this particular application into the record?
Mr. Sharpton: I did not do that study. I was not specifically commissioned to do it for this application.
Mr. Robbins: So, you, personally, have not performed the Housing...
Vice Chairman Gort: Excuse me. Excuse me. You asked your question.
Mr. Robbins: I'm sorry.
Vice Chairman Gort: It's been answered. This is technical questions -- is the application in compliance?
Ms. Garcia -Toledo: Yes.
Vice Chairman Gort: Let me ask you a question. A lot of technical questions have been brought and the
statement has been made by the attorney that this is not in front of us correctly; it doesn't have -- meet all the
requirements that the City has, and it is illegally in front of us. So, I would like for staff to respond to those
and we can get that out of the way.
Ms. Lourdes Slazyk (Assistant Director, Planning): Yes, the application does meet the requirements. There
are a couple of statements that were said that were incorrect, that I'd like to correct for the record. First of all,
they talked about the PUD (Planned Unit Development); that it -- somebody said that the Zoning Ordinance
�t
only allows 200 units on this property and that the PUD is what was giving them all these extra units. That's
incorrect. The Planned Unit Development give you FAR, 20 percent FAR increase, does not increase the
number of units you're allowed, it just let's you do bigger units. The number of units are governed by the
Comprehensive Plan, and that's based on a net lot area. What's based on the gross lot area is your square f
footage. And maybe I'm going too fast. What the Zoning Ordinance does is, there's a definition for how you
calculate your gross lot area. That allows you to use 70 feet into the bay if you're on waterfront property.
This is true for all waterfront property in the City. It wasn't something that they were given, bay bottomlands
to include in their calculations. Everybody had it, Bristol, Atlantis, everybody. What the Planned Unit
Development does is, it allows you to have 20 percent FAR increase and that's in exchange for doing certain
amenities and providing certain things as part of your Planned Unit Development. This project met all of
those things. And the FAR gives you more square footage, not more units. The units are governed by the
comp plan, and that's based on the size of your property, not including bay -- 70 feet into the bay. That's part
of, you know, the lot area calculation for FAR, and it's the same for everybody. There was no -- nothing
different done here than for any other project. Regarding the complete application. This book here, under tab
two, has a list of all the things that are mandatory required in the application, and all of them have been
responded to by the applicant. In addition to that, there's a list in the Zoning Ordinance of other supplemental
materials that we may request but aren't mandatory, and those are provided in the rest of the application. It is
191 December 14, 1999
a complete application. Regarding -- they put a couple statements into the record regarding our cornp plan
and they felt that this was not in compliance with the goals, objectives, and policies in our comp plan. They
even read a bunch of policies that had to do with affordable housing and that sort of thing. Those policies
were kind of read to you out of context. What the Comprehensive Plan does, when it talks about Affordable
Housing, it is -- it refers to policies on government and public action. This is a private development. There is
nothing in the comp plan that mandates private development have to provide affordable or low income
housing or anything like that. This is a private development and there are just as many goals, objectives, and
policies in our comp plan that deal with encouraging new luxury, you know, high rise residential -- I mean, in
our downtown master plan, this area is called out for new housing opportunities to serve downtown area,
employees and, you know -- there is nothing that mandates a affordable housing on any piece of property in
the City. That was on public and government action and that sort of thing. It talks about encouraging
moderate income housing and encouraging affordable housing, you know, for private. If someone comes in
with an application, a private application, we're encouraged to grant them, but it doesn't mandate anything.
Let me see. There was one other thing, which I'd like Juan Gonzalez to -- the Zoning Administrator to
actually read into the record, and that's regarding everything they said about the meeting that took place last
night. As I said when we started speaking, the Code is very clear on what happens if you change your
application before you have an ultimate approval by the City Commission. This one came before you at the
last meeting; it was continued; they made changes to their plans, and they wanted -- they filed it with the City
and the Code tells us what to do when that happens. It was followed, per Code, and I'd like Juan to read those
sections into the record.
Mr. Juan Gonzalez: Juan Gonzalez, Planning and Zoning. Good afternoon. Basically...
Vice -Chairman Gort: Good evening.
Mr. Gonzalez: Good evening. Yes, it is evening. Basically, the requirement of why they had to go back to
the Planning Advisory Board. There is a section in the Code, Section 2215, that basically reading per it. It
says, "Any substantial changes affecting the essential part of the application, not just the form of the
application, as determined by the Zoning Administrator, upon a request review, modifications to applications
for a variance with special exception, Major Use Special Permits or Zoning Atlas Amendments." There's
four categories, four criteria that they cannot go over. Under my opinion, the Zoning Administrator, they
exceeded one, which was a 10-foot movement. We requested -- we send it back to the Planning Advisory
Board to discuss this change in criteria, and that's why they had to go back to the PAB. But Section 2215
does cover when there's any changes in the original application, after processing begins, not necessarily after
approval of a MUSP.
Ms. Slazyk: Go back to 17 and read -- there's one other thing, why it was a public meeting versus a hearing.
Mr. Gonzalez: And there's a section -- the difference has been asked of the difference between a public
hearing and a public meeting and 1706 basically says, "In the case that a proposed change to a Major Use
Special Permit is not a DRI (Development and Regional Impact), the director of the Planning and Building
and Zoning shall refer the application to the Zoning Administrator, who shall determine whether such
changes are substantial changes, which was -- has been deternined to be a substantial change." Going back,
it then says, shall not -- here it is. It says, "Such a statement on substantial changes, as defined, shall not
require formal public notice and hearing before the Planning Advisory Board. An officer/agent designated by
the City Manager shall notify the applicant by registered mail, posted no less than 10 calendar days prior to
the meeting of the Planning Advisory Board. At which time, the application for substantial changes to be
considered."
Vice Chairman Gort: Thank you. You're telling me that this application is in compliance with all the
technical requirements of the City?
192 December 14, 1999
t
i s
Ms. Slayyk: Yes.
Vice Chairman Gort: Legally, we're in compliance with all the legal requirements by the City.
Mr. Maxwell: And we don't believe that the opponent's argument regarding notice is valid. That's correct,
sir.
Vice Chairman Gort: Thank you. Any other questions?
Mr. Robbins: I have a question of the staff. And the question is directed towards Planned Unit Development.
Was there an analysis of housing impact on the Planned Unit Development and where requirements -- and
where was that Housing Impact Analysis done, in which the Commission could rely upon in order to form a
decision; whether, in its discretion, it can grant a 20 percent bonus?
Ms. Slazyk: Tile Housing Impact Assessment is under tab two of your books. It is about a paragraph long.
Maybe they don't like what it says, but it's there. It meets the requirements. They say, how many units are
going to provide, what the unit cost is going to be, and, then, the plans go into the breakdown of unit type.
It's provided.
Vice Chairman Gort: Thank you. Thank you.
Mr. Schnettler: May I see that?
Vice Chairman Gort: Any other questions? Excuse me, sir. Hey. Mr. Attorney, we have many people here
waiting -- excuse me. You have any other questions?
Mr. Robbins: Yes. And I'd like you to take notice of that. And, in that, the representations was made
contrary to -- the attorney's representations, that the one bedrooms are going to start at twelve hundred dollars
($1200) a month, not at 895 a month, if you look at that for one bedrooms.
Vice Chairman Gort: OK.
Mr. Robbins: So, it's contradictory to what this counsel said, reference median income housing.
Vice Chairman Gort: OK. Thank you.
Ms. Slazyk: Let me just say for the record. The plans changed. This was their original application. They
modified the plans.
Vice Chairman Gort: We're not going to go back and forth.
Ms. Slazyk: Yeah. OK.
Vice Chairman Gort: Do you have any other questions? OK, let's talk among ourselves. What do you guys
want to do?
Mr. Robbins: Then, I want to -- may I ask a question as to the traffic expert.
Mr. Maxwell: You closed the hearing.
193 December 14, 1999
Q G>
Vice Chairman Gott: I thought it was done. Go ahead, yes.
Mr. Robbins: Yes, traffic study. And the question -- I'll direct it through Mr. Gort -- Commissioner Gort.
The question is, after the October 1998 traffic study was done, was there any further studies done to take into
consideration the new developments that were approved along the Brickell Avenue corridor?
Vice Chairman Gort: OK. Thank you.
Mr. Robbins: And if they are done, where are they?
Vice Chairman Gort: OK. Answer?
Commissioner Teele: Traffic studies.
Mr. Schnettler: Yes. At the time that our study was initiated, we received a list of approved development
projects and I believe there were nine at that time, and those were the ones that we included in our analysis.
Vice Chairman Gort: Thank you. OK. All right, guys. We have 50 other items to go through, so let's --
Commissioner Winton; it's your district.
Mr. Maxwell: You're closing the public hearing, Mr. Chairman?
Vice Chairman Gort: It was closed, long time ago.
Mr. Maxwell: OK.
Commissioner Winton: I guess there's a number of points I would like to make and, first of all, my first point
is to the folks who live in the current rental development. While I have great sympathy for the fact that you're
going to have to move -- and I've lived in that situation before. The fact of the matter is, y'all have had a real,
good ride for a long time and that is properly zoned for additional development and it is going to happen.
And y'all have had a great opportunity to live at very low rental rates, on the water, and that is not
constitutionally protected. So, life is going to move forward. Number two, as it relates to whoever it is that's
really representing, primarily the folks from the Atlantis -- and as I -- you heard what I said at the beginning,
and I don't want to repeat that because I want to move on with this thing, about my concerns about your
presentation. The neighbors did stand up, though, and you did get my intention because I think you raised
some valid points. You raised some valid points about the density and quality of this project on a very
important street in the City of Miami. However, your experts stood up -- and y'all were making a pitch for a
much higher quality project in your neighborhood. And you told ine that you weren't opposed to
development and you're not opposed to high-rise development, but you wanted higher quality development.
But two of your -- well; one of your experts stood up and talked about the availability or the need for low-
income housing. And the last time I checked, there weren't many cities around the world building affordable
housing on the water. So, that seems to be a contradiction in terms of the point that you were trying to make
to me. The other pitch -- and, again, your expert brought the contradiction to the table and I listened to your
pitch. But that is the point that you weren't simply trying to protect the symbol, the hole in the building that is
an icon for our community. What you wanted was a quality development that was in keeping with the same
kind of thing that we have along the Brickell corridor. But your next expert came up and showed us all of the
aerial photographs that simply showed that there is going to be visual blockage of the Atlantis and, frankly,
I'm not sure I know how any developer is going to be able to develop that site without some loss of visual
blockage of the Atlantis. I don't care how nice the project is. But I'm going to come back a step here in the
point about the quality of this project, the high density of parking required for this small site in this project,
and I think that's a valid issue, and the quality of project is a valid issue. And I'm kind of thinking through this
194 December 14, 1999
0
a bit. But I will also say that, based on what I've heard, I think you, the folks that are opposing this, have
done a lousy job at true negotiation with the developer. Because I'm not sure you've really come to the table
the way you should. And I think that what I'm going to encourage here -- because i think there are some
valid points about the density of this project and the parking and the lower level income rental here. I think
that's an issue that we, as Commissioners, need to take up as it relates to policy of that neighborhood. But I'm
not saying, at all, that I want to make a statement up here that I want to completely block the development of
this project because I do not. But I would like to see an opportunity for you, the opponents, to sit down in
earnest and truly try to negotiate a deal with this developer, where you're doing it in earnest. And I'm not
looking to hold the developer up to a long, long, long process. It does?
Vice Chairman Gort: It has to come back...
Commissioner Winton: So, this has to come back for -- well, in...
Mr. Maxwell: No, no. It's a resolution.
Vice Chairman Gort: It was a resolution.
Mr. Maxwell: It's a resolution. Major Use Special Permit.
Commissioner Winton: So, I guess what I'm going to recommend here as a compromise is that -- and Vicky,
I guess, my apology -- Ms. Toledo, my apologies here. But I'm struggling with whether or not the time frame
that we urged the two parties to spend together is 30 days or 60 days. Certainly, not more than that. I know
that time is money and you need to get on with this, and I've already postponed this for 30 days. But is there
a time frame here, that would be acceptable to your side, to meet with these neighbors, make sure they get
together with you, and see if there aren't -- and you've heard my concerns. I am concerned, and I told you this
before. I'm concerned about the density of this project and the parking requirements of this pro -- or the kind
of parking that you're bringing onto that site. And, so, I think we do need to. And I would like to look at a
project that has -- that is in better keeping with the general standards established in that neighborhood.
Ms. Garcia -Toledo: Commissioner, I understand your concern. But I would like, for just one moment, for
you to look at our situation. A Major Use Special Project process is one that takes normally five to six
months to approve. We have now been at this process over a year. It was a year in October. We postponed
this from the City Commission meeting of June. And, so, what is happening with what you're asking us to do
is that -- and I know it's no fault of yours. But we are being -- my client -- and I represent both the property
owner and the developer -- are being penalized, as well as the financing and funding institutions that are
involved in this project because they have, basically, been waiting since June of this year. And all that time,
we made every effort. Now, let me also say that, since you postponed this last month, we had a meeting at
the Brickell Homeowner's Association. At that meeting, the president of Atlantis asked us to come and meet
that Saturday, without attorneys. The neighbors met with my client alone for the better part of the morning.
A full presentation and discussion took place. Subsequent to that, there were a number of phone calls
between the president of the Atlantis and my client, and the end result was the letter saying "Withdraw the
application." At this point, I cannot, in good faith -- and my clients are not authorizing ire to any further
continuances.
Mr. Robbins: May I respond to that? We can...
Commissioner Winton: No, you cannot.
Mr. Robbins: We would like to work with them.
195 December 14, 1999
Vice Chairman Gort: It's a closed public hearing. You've got to come through us.
Commissioner Winton: And it is a closed public hearing. I want to make my point here again. This is the
last opportunity we have to make sure we create the best environment for that very important corridor called
the Brickell Avenue. Number two; there is also no question that a rental project, that doesn't have the right
look, will absolutely impact the value of high quality purchase units along that corridor. No question about it.
That, fellow Commissioners, impacts our tax base. So (Applause). Excuse me. That impacts our tax base. I
know that we want to get this done and on our tax rolls because it's important from an economic standpoint.
But we also have to look at the negative potential impact, economically, on the value of adjacent properties, if
you don't build the right kind of quality. So, I guess that, yes, I understand the difficult position you're in. I'm
sympathetic to that position. But in these kind of situations, where we have so few spots left, we only have
one last chance to get it right. So, I'm back to the same point. I would like to see the two groups move
forward and try to reach a compromise on a development, which is acceptable to that neighborhood and me.
Commissioner Sanchez: Commissioner...
Vice Chairman Gort: Excuse me. My question is, acceptable to certain people? Our Planning Department
has recommended it. Our people have looked at it. Our staff is recommending it. So, acceptable to whom,
to an individual or to a building or to which plan?
Ms. Garcia -Toledo: And the Bristol supports it.
Commissioner Winton: Well...
Vice Chairman Gort: Excuse me. You're out of order.
Commissioner Winton: And I think that that's a very valid question. But I have to look at the fact -- I have to
question the point that just maybe all of the folks that we've had looking at this project have not focused on
the real primary issue here. And the primary issue is, in my mind, what we're going to do for surrounding
property values? And this kind of thing will have an impact. So, if it's done improperly -- and I'm not
convinced that this is proper, by any stretch of the imagination because it's a very high density project, and we
will all be kicking ourselves in the rear ends if we wake up and property values in adjoining crucial
properties, if those property values have dropped, regardless of who all has approved it at this point.
Mr. Maxwell: Mr. Chairman?
Vice Chairman Gort: OK. Yes, sir.
Mr. Maxwell: Could I...
Vice Chairman Gort: Go ahead.
Mr. Maxwell: ...comment on something, please? If it is the will of the Commission to follow the
recommendation of the Commissioner and continue this item to an additional meeting, I would suggest to
you that the purpose for that continuation be predicated upon the comments that the Commissioner made
regarding his concerns with traffic, property values, and so forth; and that the purpose of this continuation be
to address those issues that you've raised, rather than those regarding the neighbors getting together and so
forth. That, of course, is not a basis for your decision. Whether they agree or don't agree is something that's
not relevant to these proceedings. So, I would ask that that be particularly clear on the record, sir.
Commissioner Winton: Point well made.
196 December 14, 1999
OJT`
Vice Chairman Gort: Commissioner Sanchez.
Commissioner Sanchez: Yes, Mr. Vice Chair. It is Commissioner Winton's district and I will follow your
lead on what you want to do. But let me just elaborate a little bit on the project that's going on for a year. I
think that the many technical problems or questions that arose or they were brought out, were addressed by
Ole staff. Before we even started, I had asked most of the studies been conducted? And they were conducted.
And the City, once again, has full support of this project. So, you know, I'm going to sit back and see what
my other colleagues want to do or I am willing to accept what you want to do or I'm willing to move.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner Regalado asked me first.
Commissioner Regalado: Yes. Two questions, Lourdes. If they were to meet and if they were to change
anything, would it have to go back to Planning and Zoning?
Ms. Slazyk: If they were to meet or if the applicant were to modify the plans again, we would have to have
the Zoning Administrator take a look again. If it were deemed to be substantial again, it would have to go
back to PAB before coming to you. If not, it could come right back.
Commissioner Regalado: Well, the other question for the Attorney. Can economic hardship be part of -- in
terms of economic...
Mr. Maxwell: No, sir. That's not one of the criteria that I recall.
Commissioner Regalado: It cannot be. Not one of the criteria?
Mr. Maxwell: No, sir.
Commissioner Regalado: So, the only criteria will be traffic?
Mr. Maxwell: No, sir. There's several criteria you have set out in the ordinance, and I'm sure staff could
innumerate the full list. Many of which were raised by the opponents as valid criteria that you must consider
and those have been addressed, but they -- as he -- to use his words, they are a plethora of criteria that must be
used, as set out in Section 13 of the code and Section 17 of the Code. But traffic is but one of those.
Commissioner Regalado: Well, again, Commissioner, you are the Commissioner for the district. I, of
course, will follow your lead and your thoughts. But I don't see a resolution to this problem very soon, not in
30 days, not 60 ask days. I think that both parts are really, really apart from each other. So, whatever you
want to do, we'II do it but....
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairnan, it's 8 o'clock. We've been on this item...
Commissioner Sanchez: Three hours.
Commissioner Teele: ...approaching three hours, and I certainly want to commend the chair for being so
patient in allowing all of the parties to be heard. I think, given the fact that you have had some medical
procedures, which I just -- I think you've done an outstanding job. Mr. Chairman, we've got a full agenda
197 December 14, 1999
0 0
here tonight. We've got a lot of people here on zoning items. And if we're going to defer the item, if that's
the intent of the majority, then I really think we should -- you know, we should move to do that. I'm not
certain I'm in favor of that. I want to follow -- as much as I want to follow the Commissioner that represents
the district, as i've said repeatedly. Because these issues generally are matters, which you don't know and you
don't have that much impact with. But there are some overarching public policy issues that I am concerned
about. The first and most important overarching issue is time. It takes the City of Miami entirely too long to
do anything and, particularly, when we've got developers and persons trying to do things. And I really do
think -- and we had this discussion this morning from the building permit process. I still don't know if the
Building Permit Office is open on Saturday or not. But if it's not, it damn well should be. Because we need
to run this City for the benefit of the citizens that live here and not for the purpose of the people who work
from nine to five, Monday through Friday. This City needs to be a lot more concerned about the citizenry.
I'm concerned about a number of the issues, environmental issues that have been raised today. I think the
staff has pretty much responded to most of the issues. Particularly, whether or not the FAR or -- whatever. I
think you said was calculated based upon bay bottoms and that. Is that -- Mr. Attorney, have you -- can you
clarify that issue, or Madam Director? I know you were going through a whole lot of things very quickly.
But just on that one issue. Is it fair to say that the calculation is based upon bay bottoms and ocean land and
bay land or is this based upon the actual...
Ms. Slazyk: The FAR is calculated based on a gross lot area. The gross...
Commissioner Teele: Does the lot include the bay bottom?
Ms. Slazyk: The gross lot area includes 70 feet into the bay and to the centerlines of the streets.
Vice Chairman Gort: For everyone.
Mr. Maxwell: Yes.
Ms. Slazyk: For everyone.
Commissioner Teele: But is that true of everyone on waterfront?
Ms. Slazyk: Yes, sir.
Commissioner Teele: So, is it true of the other buildings on waterfront...
Ms. Slazyk: Their gross lot areas...
Commissioner Teele: ...that are there...
Ms. Slazyk: ...calculated the same way.
Commissioner Teele: So, this is not a unique calculation?
Ms. Slazyk: No.
Commissioner Teele: OK. That helps me with that one issue. Now, as it relates to the issues relating to
migratory birds and other matters that have been raised. Did the staff find any issue relating to those that we
should be concerned about?
198 December 14, 1999
Q
Ms. Slazyk: No. This property is not located within an environmental preservation district. So, additional
studies, other than that, were not required. It is within an archeological conservation area and we ask that
they have an archeological consultant and monitor out there during the construction. But no, it is not in an
environmental preservation district. So, that didn't have to be addressed further.
Commissioner Teele: OK. There was an expert here by the name of Mr. Wilhelm. Is he still there?
Mr. Robbins: No, he left. Wilhelm.
Commissioner Teele: Yeah.
Mr. Robbins: Dennis Wilhelm. No, lie left.
Commissioner Teele: OK. All right. Well, they're supposed to stay here until the matter -- OK. Once they
get up and testify, they just can't get up and leave. But I really wanted to know where he bought his tie. In all
-- I really did. But I did not appreciate, I guess -- and I guess it is a statement of my naivete -- the
architectural significance of the Atlantis, and I'm very grateful for Mr. Wilhelm's testimony, which brings me
to Commissioner Winton's statement. All evening there's been sort of eyes and whispers. This building, that
is being proposed, clearly is not architecturally innovative or significant. And Commissioner Winton made
some very veiled reference to that in his last comments, and I'll just put it on the record.
Commissioner Winton: Let me be more blunt.
Commissioner Teele: Please.
Commissioner Winton: You're absolutely right, there's nothing of -- you know, there's nothing architecturally
significant about this building. It's a plain kind of vanilla rental property and that's a big part of the point here
that I'm making.
Commissioner Teele: Well, you know -- and I must say this, the architect, who I will not put on the record in
this context, is an architectural firm that I'm extremely positive about. I've made several appointments. In
fact, one of the principal owners of the firm is my appointee to one of those City boards. But I cannot believe
that a statement -- that a building -- I mean, it's -- I can't believe that a building this direct in its architectural
approach — is that a nice word, direct? -- would put itself right next to a building like this. And I guess I want
to move forward with the building because I really do believe that the property owners have rights. I think
the issue of the financing of these kind of projects -- and we don't want to appear like we're dilly dallying
around, but I really do think there are some architectural issues that must be revisited, if no more than just the
position of the parking. Mr. Attorney, do we -- is that an improper question in terms of...
Mr. Maxwell: Of position in a parking, I think, is a valid one because parking egress and so forth is a valid
concern of yours. But I don't believe that the aesthetics of the building, by itself, is not...
Commissioner Teele: Well, the whole testimony today has been the architectural significance and the
aesthetics of the community, and I don't know how we can exorcise all of that testimony. Are you instructing
us that we should disregard all of the testimony about the architectural significance of the Atlantis and...
Mr. Maxwell: No. What I'm saying is, first of all, the aesthetic review; the architecture of the building has
been through reviews below. It went through the Urban Development Review Board, probably. It went
though Large Scale Development Review Board probably. There are recommendations on it. These were --
your UDRB is a panel composed entirely of architects. Their recommendations were taken into consideration
199 December 14, 1999
or should have been taken into consideration, and the building was adjusted accordingly. Once it gets up to
this label...
Commissioner Teele: Mr. Attorney, do we, as this board, at this point, have the right -- and this is a question
simply out of a concern now of precedent. But do we have the right to raise concerns about design, about
architectural quality, style and those kinds of things in the context of a neighborhood?
Commissioner Winton: Under the MUSP permit.
Vice Chairman Gort: Excuse me. Let the attorney answer.
Mr. Maxwell: To the extent that they are -- those concerns or your actions are supported by competent expert
testimony, yes.
Commissioner Teele: Well, I haven't seen any more competent testimony about any building that we've had
today about the Atlantis. I mean, it's hard to throw out the Atlantis and the testimony about the Atlantis in the
context of this. But this is my only issue, Commissioner Winton. I don't think delaying this is going to solve
anything, and I think it's the kind of thing that, when you come to this kind of process, you'll learn that zoning
decisions is sort of like divorce court. It's the only thing that this is comparable to. You know, no matter how
long they talk and no matter how long you ask them to go out, they just get madder and madder at each other
and it just never -- I mean, unfortunately...
Vice Chairman Gort: It's going to go to court anyway
Commissioner Sanchez: It's going to end up in court.
Commissioner Teele: And this is going to wind up in court, in all probability. But the fact is, is that we have
an obligation. I'm not sure that I want to support a delay, but I would say this. If you're proposing a delay, I
think you should limit it to some narrow issues and let the staff come back and make the report, and not have
another public hearing. Because if you have another public hearing -- if you let one side speak, you've got to
Iet the other side speak and this could be another -- and I guarantee you, if we had spending three hours on it
this time, it will be four hours the next time because the issues are not going to go away. The issues are very
clear. It's view, it's architectural, it's the design, it's the traffic, and none of those issues are -- unless the
developer is prepared to go back to their architect and look at this from a totally different aesthetic point of
view, which I certainly think could happen and maybe even should happen. But, then, we've got these crazy
rules that we've created. You've got a developer who comes in and makes a concession to reduce everything
and, then, it triggers something else that makes it go through a whole another process, as if they increased
something. So, it's really one of those situations. The more you try to help, the more you hurt, you know, the
applicant. So, I am not in favor of the delay. I think the owner of the property has met the rules and the
requirements, as much as I must say that I think there is room to try to make some changes. And I don't
know if we're going to delay or we're going to change, but if we're going -- if we're not going to delay, I really
would like to see some changes. .I would like to see changes in the parking. I'd like to make sure that the
parking, in fact, is like the other parking, it's below -- you know, this is just going to create a whole another
queuing and another series of problems. I think that the design issues are something that somebody ought to
be able to figure out how to get into. But I can tell you this, when you look at this pamphlet that has been
given to us, which is nothing short of impressive, and you look at the building, you want to keep looking at
the pamphlet. So, I just think that it's important that we basically send a signal that people don't have the right
to design these buildings, but they do have a right to come and petition the Commission to try to get a better
quality of life for the neighborhoods, and I want to support that. But I don't want to support further,
unnecessary delays.
200 December 14, 1999
Commissioner Sanchez: Commissioner Winton, i, too, don't see a compromise in the near future. Being that
the project has been modified three times and, still, there is no compromise, just like Commissioner Teele
said, issues like this end up in court. It's just like at divorce court. I mean, it's not the first issue that we spend
hours and hours and we have to make a decision on. So, I'll turn it over to you.
Commissioner Winton: 1 think that y'all have made a good point and maybe I erred in trying to link the
developer back with the neighbors. So, let me modify my request, and let me be more precise in terms of my
objections. I think this development is too dense for the neighborhood. I think that they need to look at their
parking requirements and the density of this project, and the architectural design of this project. And we can,
I understand, approve this project so that it doesn't have to go back through a bunch of special hoops, with
conditions.
Ms. Slazyk: Yes.
Commissioner Winton: Is that what I just learned?
Ms. Slazyk: Yes.
Commissioner Winton: So, I guess the conditions that we make have to be quite specific?
Ms. Slazyk: Yes.
Commissioner Winton: And I may need a little help there, so let me repeat what I just said about my issue
related to this project. This project, with the number of units and the land area that it has, is significantly --
has a significant greater impact of density than its surrounding neighbors. And, so, I think that issue has to be
carefully looked at, and I think the architectural design of the project needs to be reviewed so that it creates
the kind of design that's in harmony with the rest of the neighborhood there. And this whole parking issue of
exposed parking at 510 parking spaces also relates directly back to the density of the project. Now, how we
get at those three or four points, y'all have to...
Ms. Slazyk: OK. Well...
Commissioner Winton: Tell me.
Ms. Slazyk: If you're going to move it and approve it tonight with conditions that these things be addressed,
you could do it in a way that they revise the plans and you say, subject to the review and approval of the
Planning Director. But you'd have to be more a little specific in what you mean. Reduced density, they have
359 units. You want it to be no more than 300 or whatever...
Vice Chairman Gort: Excuse me.
Commissioner Sanchez: No. See, there's not going to be a compromise.
Vice Chairman Gort: Excuse me. We have a meeting going on in here.
Commissioner Winton: Right, right, right.
Ms. Slazyk: You would have to narrow in on those parameters. What you could do is say you want the
elevations reworked and you could leave that to the Planning Director or to the UDRB to approve. And,
then, with respect to density and parking, you would have to be a little more specific.
201 December 14, 1999
}y
Commissioner Winton: What's the greatest number of units on Brickell Avenue right now in any one
development?
Ms. Slazyk: I'm not sure of that.
Mr. Tory Jacobs: Five hundred and fifty-two...
Vice Chairman Gort: Excuse me. Mr. Jacobs, will you come forward here in the mike and state your name
and address and.
Commissioner Winton: I think, if you -- and let me try to answer this -- go ahead, Tory.
Mr. Jacobs: My name is Tory Jacobs. I live at 145 Southeast 25th Road. The largest number of units is 552
in Brickell Place, Number One Condominium Association, which is two separate buildings at 1865 Brickell
and 1901.
Commissioner Winton: How many units again was that, Tory?
Mr. Jacobs: Five hundred and fifty-two. So, that in each building they would be approximately half of that.
Commissioner Winton: Two hundred and fifty, two hundred and sixty.
Mr. Jacobs: Yeah.
Commissioner Winton: So, that's the greatest density...
Mr. Jacobs: Well -- wait a minute. Brickell Bay Club, I think, has 442 units. That's one building. Four
hundred and four -- but that's a pretty big piece of property.
Vice Chairman Gort: Thank you.
Ms. Slazyk: This property also is a little bit bigger than the average on Brickell Avenue because of the piece
that juts out into the bay. That's why their density got a little higher than the average, as well.
Vice Chairman Gort: My understanding, this is in accordance to the...
Ms. Slazyk: It's the comp plan. It's number of units per acre.
Vice Chairman Gort: Per acre. OK.
Ms. Slazyk: That's right.
Commissioner Sanchez: Commissioner Winton, if you're going to put your motion out -- if not, I'm willing
to grab the bull by the horn and move this. Because, I mean, it's just going to end up in court and we're just
going to be wasting our time.
Commissioner Winton: No. I agree with you. And the difficult position here is that, now that I'm being the
final arbiter here in terms of number of units and it makes no sense at all, that I'm sitting here trying to figure
out what the number of units is. So, frankly, that process doesn't work.
Commissioner Regalado: OK, Mr. Chairman. What do we do?
202 December 14, 1999
Commissioner Sanchez: So moved. So moved.
Commissioner Regalado: Second.
Mr. Maxwell: What was the motion?
Vice Chairman Gort: It's a motion. It's been moved. To approve?
Commissioner Sanchez: Motion to approve.
Commissioner Regalado: Moved and second.
Mr. Maxwell: There are no conditions on that motion, Commissioner, just for the record? Just to be clear,
you said...
Commissioner Winton: Well, my motion -- well, I guess I didn't have a motion because my point was these
conditions. But the problem we've got with the conditions is that they've got to be carefully defined. So, I'm
struggling here trying to figure out how we're going to get the definition to that. And my colleagues have
said they're moving a different motion.
Mr. Maxwell: OK, fine. I just wanted the record clear on the motion.
Commissioner Regalado: Call the roll.
Commissioner Sanchez: Open for discussion?
Vice Chairman Gort: I think we've had plenty of discussion. All right. It's a motion to approve and second.
Commissioner Teele: With conditions or without?
Commissioner Sanchez: Without conditions.
Vice Chairman Gort: Without conditions.
Ms. Slazyk: Except the ones that are in the package.
Vice Chairman Gort: Except for the ones that are in the package, all the requirements.
Commissioner Teele: What about the parking concerns that people have risen?
Commissioner Winton: There has to be some way here to get at part of this. 1 mean, what we just went from
was a point where I thought we were -- we could make some progress to the opposite end of the spectrum
here, where we're just kind of caving in and moving along, and that's not very satisfying, nor right for our
long-term future.
Vice Chairman Gort: People, let me tell you what I think you should do. If want you to, as a member of the
district, you can move against it. I think this is going to go to court anyway and the court is going to decide.
I think a change on the -- what you're requesting to change the building and all that, I don't think it's feasible.
I don't they can change architectural of it. I don't know how much money they spent to do all this system plan
that it has.
203 December 14, 1999
Commissioner Winton: Sure, they can.
Commissioner Sanchez: Look...
Vice Chairman Gort: I don't know -- excuse me. Excuse me. I didn't interrupt you all when you all were
speaking, all right? So, I'm asking for the same courtesy, OK? Thank you.
Commissioner Winton: My fault.
Vice Chairman Gort: So, that's -- we've got to make a decision. We've still got other things. Either up and
down and let's do it.
Commissioner Sanchez: Vice Chair, there's a motion. I continue to say there's been...
Vice Chairman Gort: OK. There's a motion. There's a second. Any further discussion?
Commissioner Sanchez: There's been three modifications. There hasn't been an agreement. I don't see an
agreement in near future. So, let it be determined by the courts.
Vice Chairman Gort: Any further discussion?
Commissioner Regalado: No.
Vice Chairman Gort: OK. Any further discussion? Call the question.
[COMMENTS MADE DURING ROLL CALL]
Commissioner Teele: I wish there were some amendments to this, but it's gone on long enough. So, I'm
going to vote yes for the purpose of moving it forward.
204 December 14, 1999
E
0
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 99-961
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING WITH CONDITIONS, A MAJOR USE
SPECIAL PEERMIT DEVELOPMENT ORDER PURSUANT TO ARTICLES
5,13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE BRICKELL
BAY VILLAGE PROJECT, TO BE LOCATED AT APPROXIMATLEY 2101-
2105 BRICKELL AVENUE, MIAMI, FLORIDA, TO BE COMPRISED OF
NOT MORE THAN 359 UNITS, WITH ACCESSORY RECREATIONAL
SPACE AND 510 PARKING SPACES; DIRECTING TRANSMITTAL OF
THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND
STATING CONCLUSION OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Johnny L. Winton
ABSENT: None.
Vice Chairman Gort: Thank you. All right.
Unidentified Speaker: Well done, gentlemen. Well done.
Vice Chairman Gort: Thank you very much.
Unidentified Speaker: It's our lives that you're dealing with.
Vice Chairman Gort: You know, I wish you would have been here 10 or 15 years ago when your plans were
here in front of us. We had the same amount of people saying no to it.
Unidentified Speaker: I wish we could live in one of those buildings.
Vice Chairman Gort: Excuse me. We have a meeting that we need to continue. Go ahead. PZ-1. Go ahead.
Unidentified Speaker: I remember they took me out of my house and whole city will know that.
Vice Chairman Gort: Good. PZ.-I, please. Ma'am, thank you very much. We've talked about this issue...
205 December 14, 1999
Unidentified Speaker: Sir, how could you done this. This is our lives.
Vice Chainnan Gort: I know. I understand. It's the lives of everyone. Ma'am, thank you. Goodbye.
Ma'am, we have other items to listen to, please.
Unidentified Speaker: I know that.
Vice Chairman Gort: OK. You go to court — you're going to go to court and the court will decide. Thank
you.
Unidentified Speaker: But we have our lives here.
Vice Chairman Gort: Right. Go ahead.
44: ;CONTINUE CONSIDERATION OF PROPOSAL OF 'ALLAPATTAH .GARDEN APARTMENTS
TO .i3E LOCATED AT APPROXIMATELY N.W, 36 STREET AND N.W. 12 AVENUE TO 13E
CONSISTENT WITH THE STATION AREA DESIGN AND DEVELOPMENT PLAN AT THE
ALLAPATTAR METRORAIL STATION.
Vice Chairman Gort: Item one. Get Item 1, please.
Ms. Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ-1 is a request for consideration of
Allapattah Garden Apartments proposal. This is a proposal for an apartment project at the Allapattah Metro -
Rail Station. Your approval is for consistency with the SADD (Station Area Design and Development) that
was done for that station.
Ms. Slazyk: The Department is recommending approval. This project is consistent with the SADD that was
done for Allapattah Metro -rail station. I'd like to add one thing on the record that, besides that it is consistent,
your approval would also be for adoption of master plan development standards and the consistency with the
SADD that was done for the station. We have a letter from the Dade county planning department forwarding
the approved master plan development standards, and the city concurs. We recommend approval.
Commissioner Teele: Mr. Chairman, I move the item.
Vice Chairman Gort: Excuse me. I have a problem with this item.
Commissioner Teele: Oh, you do?
Vice Chairman Gort: We have opposition and plenty of it.
Commissioner Teele: Well, it's your district. Why don't you let me preside?
Vice Chairman Gort: Let them — go ahead, you preside.
Commissioner Teele: Let me preside if you're going to have — all right.
Mr. Santiago Echemendia: Mr. Chairman, Santiago Ecliemendia, 201 South Biscayne Boulevard,
representing the applicant. We have favorable recommendations from your staff; we have favorable
recommendations from the planning board; we have favorable recommendations from RTDIC; both lower T
i
counsel and executive counsel; we've worked diligently with the neighbors to get them on board, and we have , -;
Albena Sumner is on board; we have Jackie Bell on board; Commissioner Gort received a letter from
Representative Meek saying that she supports the project and would like to see the project approved. And,
incidentally, this is legislative, so that letter should not be a problem in your reviewing. Because what you
have before you is the adoption of the Zoning Code. The only person that is opposed to this project is Mr.
Mariano Cruz, and Mr. Mariano Curz will tell you that he wants this to be owner occupied rather than rental.
Unfortunately, this is an affordable housing project that's going to see seek funding from the housing finance
corporation of the state. We cannot make it owner occupied. There will be an owner assistance program, but
it will not be owner occupied. It will be rental. Again, everyone that has reviewed this has recommended
favorably, including Carrie Meek, who has implored Commissioner Gort to approve this project.
Accordingly, I would urge you to adopt the master plan development standards consistent with all of the
recommendations before you. I'd like to reserve a little time for rebuttal, and ,just to rebut Mr. Cruz'
comments. Thank you.
Vice Chairman Gort: Mr. Chairman.
Commissioner Teele: Commissioner Gort.
Vice Chairman Gort: Because I was told that they were going to meet with the Allapattah Homeowner's
Association. I talked to Albena Sumner today at four o'clock and Jackie Bell, and they both said they are in
opposition to it. Nobody has met with them, and I talked to them personally. I just want to put that on the
record.
Commissioner Teele: That they are in opposition?
Vice Chairman Gort: Yes, sir. The reason being is they have plenty of affordable housing. I mean...
Commissioner Teele: Motion to defer. You want to kill it?
Vice Chairman Gort: I want to move it to defer. I told him to get together...
Commissioner Teele: Motion to defer the item.
Vice Chairman Gort: They are not — they came to me six months ago. The only request I had for them is to
get together with your neighborhood, talk to your neighbors. Albena Sumner is the president of the
Allapattah Homeowner's Association. I talked with her this afternoon at 4 o'clock, and she told me she is in
opposition and nobody had met with her.
Commissioner Teele: All right. There is a representation...
Mr. Echemendia: Mr. Chairman?
Commissioner Teele: ...that she's in support of it. I think the best way to solve this...
Commissioner Sanchez: Defer it.
Commissioner Teele: ...is to defer it...
Commissioner Sanchez: Second.
Commissioner Teele: ...and to allow the parties to come together and to defer it until the first meeting in
February.
207 December 14, 1999
N
Mr. Echemendia: Mr. Chairman, we don't mind. I just want to clarify for the record that I was advised by —
there were a few clients in this case that, indeed — that Albena was on board and, so, I apologize if that is not
factually correct. That's what I was advised by the client.
Vice Chairman Gort: I talked to her this afternoon because that is what I was told, and that's what she told
me.
Mr. Echemendia: No, I appreciate that. If that's your statement, I certainly — I appreciate that. Thank you.
Commissioner Teele: Then you don't oppose the motion to defer?
Mr. Echemendia: I don't think we have a choice. It may compromise the state financing, but at this point it
doesn't look like we have a choice.
Commissioner Teele: Move by Commissioner Gort. Second...
Commissioner Sanchez: Second.
Commissioner Teele: ...by Commissioner Sanchez.
Mr. Echemendia: Can we have a date certain on when that's deferred to, please?
Ms. Slazyk: Either January 251h or February 25".
Unidentified Speaker: February.
Mr. Echemendia: It would have to be January 250i, Mr. Gort, if you could, at least, indulge us on that.
Vice Chairman Gort: January 25`" will be fine.
Mr. Echemendia: Thank you.
Commissioner Teele: January 25°i.
Vice Chairman Gort: No, no. Wait a minute. Remember, we changed it to Thursdays, now. So, it will be
the 27".
Commissioner Teele: January 27`h.
Mt. Echemendia: Thank you, Mr. Chairman.
Commissioner Teele: Is there objection? All those in favor signify by aye.
The Commission (Collectively): "Aye."
Commissioner Teele: Those oppose have the same right.
Vice Chairman Gort: Thank you, sir.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
208 December 14, 1999
0
MOTION NO.99-962
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-
I (PROPOSAL OF ALLAPATTAH GARDEN APARTMENTS TO BE
LOCATED AT APPROXIMATELY N.W. 36 STREET AND N.W. 12
AVENUE TO BE CONSISTENT WITH THE STATION AREA DESIGN
AND DEVELOPMENT PLAN AT THE ALLAPATTAH METRORAIL
STATION) TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR JANUARY 27, 2000.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
45 CONTINUE CONSIDERATION OF NOTIFICATION OF PROPOSED CHANGE OF
PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT FOR THE BRICKELL
SQUARE PROJECT AT 845-999 BRICKELL AVENUE.
Vice Chairman Gort: PZ,-2.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-2, we need a continuance. We still don't
have the letter from the State.
Commissioner Teele: So moved, Mr. Chairman.
Ms. Slazyk: To January 27h.
Vice Chairman Gort: Yes.
Commissioner Sanchez: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
209 December 14, 1999
0
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-963
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-
2 (NOTIFICATION OF PROPOSED CHANGE OF PREVIOUSLY
APPROVED DEVELOPMENT OF REGIONAL IMPACT FOR THE
BRICKELL SQUARE PROJECT AT 845-999 BRICKELL AVENUE) TO
THE COMMISSION MEETING CURRENTLY SCHEDULED FOR
JANUARY 27, 2000.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele. Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Item 3.
Commissioner Teele: You know, I'm going to tell you something. I don't -- Ms. Madam Director, if the
applicant fails to do something, I don't know that we should defer these things to a date specific. Because
this just avoids them having to notice and people that aren't here have no knowledge of it. You know, when
you defer something to a date specific, you're basically waiving further notice, and I just.
Ms. Slazyk: Yes. This wasn't the applicant that failed to do anything. We're waiting for a letter of
compliance from the State, and it hasn't arrived.
Commissioner Teele: On the question.
Ms. Slazyk: In this case, it isn't that the applicant...
Commissioner Teele: Call the question.
Vice Chairman Gort: All in favor state by saying aye.
The Commission (Collectively): "Aye."
Note for the Record: This was a second roll call on Motion 99-963 above.
210 December 14, 1999
:. 6 l"I IA�L V Afi ON .ANI� CI OStJA l't1BLIC WGRT,,Ov,V (1'l7Ti`I'1nN OP
N.W 36
A .'l 'I fi ANI . i ' AND 15 A 1�J[fE5) FCiI , btivtLdPMPINT O PAPIONC LOT
Lw
fib"t, -edars Health`Car� roup, l✓�td.a
Vice Chairman Gort: PZ-3.
Commissioner Sanchez: So moved.
Vice Chairman Gort: As you all recall, this is one item that was deferred last time, and my understanding is, I
travel through this everyday and I see this parking lot, it has been used without pavement or landscaping. My
understanding, in looking at the plans that are being presented to us, it's going to be an improvement to the
parking lot. It's going to have landscaping; it's going to be surface lot, so it's going to make an improvement
on the neighborhood.
Commissioner Teele: Second the motion.
Vice Chairman Gort: At the same time, my understanding is, the commitment is to help with the clinic that
they have with the people, so...
Commissioner Teele: Second the motion.
Vice Chairman Gort: OK. It's been moved. Is there a second?
Commissioner Sanchez: Second.
Commissioner Teele: Second.
Vice Chairman Gort: OK. All in favor state by saying "aye."
The Commission (Collectively): "Aye."
211 December 14, 1999
(2)
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-964
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), CLOSING, VACATING, ABANDONING AND
DISCONTINUING FOR PUBLIC USE THAT PORTION OF A
PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF A 10.00 FOOT
WIDE ALLEY LYING WITHIN BLOCK 5 OF "BRADDOCK
SUBDIVISION NO. 4," IN THE AREA BOUNDED BY NORTHWEST
16TH STREET, NORTHWEST 17.. STREET, NORTHWEST 14TH
AVENUE, AND NORTHWEST 15 TH AVENUE, MIAMI, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
47:'.SPECIAL EXCEPTION TO ALLOW PARKING FOR EXISTING HEALTH CLINIC HOSPITAL
AT 1.60Q N.W: 14 AVENUE [applicant: Cedars Health Care Group, Ltd.]
Vice Chairman Gort: PZ-4.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Four is a companion special exception, which
would allow them to use the property for the excess parking.
Vice Chairman Gort: Do I have a motion?
Commissioner Sanchez: So moved.
Vice Chairman Gort: Second? Second?
Commissioner Winton: Second.
Vice Chairman Gort: It's been second. Any further discussion? Anyone in opposition? Being none, all in
favor state by saying "aye.''
The Commission (Collectively): "Aye."
212 December 14, 1999
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-965
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING
BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW
EXCESS PARKING FOR THE EXISTING HEALTH CLINIC FOR THE
PROPERTY .LOCATED AT APPROXIMATELY 1600 NORTHWEST 14T11
AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND
CONTINGENT UPON A TIME LIMITATION OF TWELVE (12) MONTHS
IN WHICH A CERTIFICATE OF USE MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you.
Unidentified Speaker: Thank you, Commissioners.
Commissioner Teele: Mr. Chairman, may I inquire? Are you all paying your surcharge?
Unidentified Speaker: Yes, we are.
Commissioner Teele: All right.
Vice Chairman Gort: Yes, they are.
Unidentified Speaker: Yes, Commissioner.
Vice Chairman Gort: Thank you.
213 December 14, 1999
4)
48. GRANT APPEAL,, REVERSE ZONING 130ARD DECISION -- LOCATION: APPROXIMATELY
405, 4111421 433, 439, 443, 447, 453, 465 AND 485 NV'ls 4.. STREET � APPLICANT: MIAMI RIVER
;Pkk-ASSOCLATES, LTD. � DENIED SPECIAL EXCEPTION FOR REDUCTION OF REQUIRED
gPARMG SPACES FOR LOW INCOME HOUSING DEVtLOPMENT.
Vice Chainnan Gort: PZ-5.
Ms. Lourdes Slazyk (Assistant Director, Planning): PZ-5 is an appeal of a Special Exception for parking
reduction for Housing for low-income families and individuals. This is to waive 107 of the required 313
parking spaces. This is an appeal froth the Zoning Board. The department recommended denial of the
Special Exception. The Zoning Board granted it, with conditions. The applicant is appealing the conditions,
and a property owner in the area is appealing the actual granting of the Special Exception. The Department
recommends denial of the application, which is denial of one of the appeals and approval of the other appeal.
Commissioner Teele: Yeah. OK. Now, just tell us in English, what are you recommending?
Ms. Slazyk: OK. We're recommending denial of the Special Exception, which means reversing the Zoning
Board. What this Special Exception does is, it reduces the parking for a project for low-income individuals
and families. This parking reduction is something that is allowed, by special exception, in the Code. It was
written many years ago when, I guess, it was believed that...
Commissioner Teele: Poor people didn't need cars.
Ms. Slazyk: ... low-income individuals and families have less cars. What happens is, the cars are spilling
over into the neighborhood and it's having an adverse effect, generally speaking, citywide, when these are
approved because the cars spill out into the neighborhood. It's a visual, blighting effect on the neighborhoods
and a reduction of 107 of 313 required is an extreme reduction for this particular location, and the streets will
have to accommodate the overflow. The Zoning Board, like I said, granted it, but they put a condition on
this, that the applicant have to adhere to a Section 106 process for the design of this project because it is in a
building... It's in a -- I'll let -- let me get Sarah Eaton to explain the Section 106. But that's what the -- one of
the appellants is appealing that decision.
Ms. Sarah Eaton: Sarah Eaton, Preservation Officer. The Section 106 process, as it's commonly referred to,
is the Federal Historic Preservation Review Requirement that comes into play when projects are using
Federal funds or there are some type of Federal undertaking, because this project is anticipated to be using
HOME funds and Housing tax credits. That does trigger the Section 106 review.
Vice Chairman Gort: I hope this is not a three-hour presentation.
Ms. Lucia Dougherty: As Commissioner Teele likes to say, this is a Federal case, but I will make it brief. In
light of the fact that you folks have been so patient today, we're going to be very brief. Lucia Dougherty,
with offices at 1221 Brickell Avenue. Here today on behalf of the Miami River Park Associates, which is the
owner of the property, as well as the appellant on one issue. And it's the appellant on a condition that the
Zoning Board made when it approved our Special Exception for the reduction of parking. We also have an
appeal this evening by a neighbor challenging our Special Exception and the reduction of parking. With your
permission, Commissioner/Chairman, we'll make just one presentation, if that's the will of the Commission
on both items, so that you don't have...
Gort: Yes, go ahead.
214 December 14, 1999
Mr. Peter Sobel: I would object to that.
Ms. Dougherty: So that you don't have two hearings on the same application. But we'll do it either way you
want to. I think that this is a way to...
Vice Chairman Gort: No. Let me follow the normal procedure. You go ahead and make your presentation,
then we'll hear from the opposition.
Mr. Peter Sobel: She should make her presentation regarding her appeal and I'd like to make my presentation
regarding my appeal.
Vice Chairman Gort: OK. Wait a minute. This is an appeal. You're correct. Maxwell, what's the procedure
in an appeal? Who do we listen to first?
Mr. Joel Maxwell (Assistant City Attorney): You can listen to the applicant -- the appellant first.
Vice Chairman Gort: OK. We'll listen to the appellant first.
Commissioner Teele: How many appellants are there?
Ms. Dougherty: We both are appellants.
Commissioner Teele: Well, why don't you let him go first?
Ms. Dougherty: If you'd like, I'd be happy to.
Commissioner Teele: Well, no. I mean, I just thought it may give you the opportunity...
Ms. Dougherty: My thinking, though, Commissioner...
Commissioner Teele: Go ahead. Do it your way.
Ms. Dougherty: ...is that you may want to know about the project before you hear objections about the
project, or you'll hear the whole project first and, then, you can decide both issues at once, if that makes sense
to you all. Joining me today is Marc Plonskier, who is the president of the Gate House Neighborhood
Association, as well as the Miami River Park Association. Bill Mauzy, who is BAME Economic
Development Corporation, and our partner Reverend Willie -- Reverend White is in South Africa and he
gives his apologies to the Commission for not being here today. Mike Spetko, who is a newly -elected
member of the Village Council, is the Vice President of this corporation, and he's with us this evening, as
well. I'd first like to have Marc Plonskier come and describe the project, as the president of this company.
Mr. Marc Plonskier: Commissioners. My name is Marc Plonskier. I'm the president of the Gate House
Group, the developer of Miami River Park Apartments. 1 will try to be brief, although that is not my usual
disposition. As the Chairman of the Florida Coalition of Affordable Housing Providers, I'm witness to the
dire need in the State for decent, safe and affordable housing. There's a shortage, statewide, of 70,000 new
housing units currently. And unfortunately, only three or four thousand new, affordable housing units are
built each year. We're still the most critical shortage of affordable housing is here in Miami and Dade
County. I'll give you just a brief summary of the Gate House Company so you have a sense of the r .
development team. Miami River Park will be our 15th Affordable Housing Community undertaken in the'
State of Florida over the past 10 years. Our Gate House principals have developed and acquired over eight
215 December 14, 1999
thousand apartment units throughout the United States, and our staff includes over a hundred employees.
Every Gate House Community is designed, built, owned and managed by us to meet or exceed the highest
standards of quality. We take great pride in not only building a superior product, but offering extensive
amenities in every Gate House facility, including fitness exercise, facilities, community centers, libraries,
playgrounds and more. We service our residents not only by providing a quality product but by crediting five
percent of every dollar of rent that they pay towards purchasing a home. And the reason for that is simple.
Because for us, upperly, mobile residents -- quorum?
Ms. Dougherty: There's no quorum.
Mr. Maxwell: Wlioa. We lost the Chairman, too. We don't have a quorum right now.
Commissioner Sanchez: Take a recess.
Mr. Maxwell: None of them are in the room. You are now, automatically, to recess until you obtain a
quorum, sir. Any Commissioners in the room? OK. Here's Commissioner Teele now. You now have a
quorum.
Mr. Plonskier. I'll just conclude my description of Gate House by saying that we have a longstanding
reputation and involvement in the State of Florida, and we're known by the product that we deliver. We came
IT,i
t
to the City of Miami because the City has been a leader in addressing the needs of working families, teachers,
government employees, office and hospital workers and others have all benefited from your vision. You've
encouraged us to aggressively compete to attract state -- scarce State and Federal resources to build better)};
housing for your citizens, and we have succeeded. Out of over one hundred applications submitted to the
h.4v
Florida HousingFinance Corporation, our Miami River Parka application was rated as the to ranked Urban rP PP P
Infill Development in the State of Florida. Only one in five applicants succeeded. We fought very hard
ry "
through numerous appeals in Tallahassee, as Mr. Warshaw knows only too well. By the end of October of
this year, Gate House Group has spent almost two million dollars ($2,000,000) to acquire the land, develop
full and complete architectural and engineering plans, apply for, receive and accept over eighteen and a half
million dollars ($18,5O0,000) of financing commitments for the Miami River Park Project. From February of
rtx<:
1998 through October of 1999, at no time were we told by anyone that any of these buildings were or should
be considered historically significant and should not be demolished. At no time did anyone suggest to us that
they cared about these buildings. In the two years that this partnership has controlled this parcel, no one has
k
come to us to try to involve us in restoring or relocating these buildings. They appeared to us then as they
appear now, rundown, dilapidated and substandard. It is unfair to us, after having done everything we were
3�
asked to do or should have done, to now attempt to tie a routine, administrative parking exception to a newly
discovered interest on the part of preservationists for these homes. Where was the preservation community
the past 24 months? When I first heard of the preservationists' interest in this matter, I wondered whether our
-- was our, competitors, whether they were somehow involved. I'm proud to say that individuals, such as Luis
Wolfson, Lloyd Bogio have stood beside us and joined to express their support. I spoke with Marty Fine last
night. He owns property abutting ours and would, therefore, have a direct interest. He is not opposing this
development either. I believe we have interested preservationists here, who were here to ensure that you
respect the federal requirements that a Section 106 Review be completed, if federal funding is involved here.
I want to state, clearly, that we agree. It is unfortunate that the Section 106 Review by the City did not occur
two years ago or even last year, as it should have, if anyone had thought potentially historic properties were
involved, but it did not. We want and need the City HOME Loan. We are committed and have been working
extremely hard to try and make changes to our plans, to address the preservation community's concerns. We
have had two meetings with these groups, and a third meeting just this past Friday, in Tallahassee, with a
State Historic Preservation Officer. We have retained a sizeable consulting team of preservation experts to
guide us, including the foremost private fine in Florida, Janice Research, Historical Architects and Landscape
....', :-.
Architects. With the exception of the Thanksgiving holiday, we have been working since we first learned of
216 December 14, 1999
ti
this, on October 20th to assemble the experts and explore what can be done at this late date. Our to credits
limit the type of changes that can be made. Our budget, which is already very tight, is not able to absorb
hundreds of thousands of dollars of increased costs, but we are trying and will continue to try to work out a
middle ground, an acceptable 106 mitigation plan. The price to us of not achieving this goal is the loss of
federal funds for this project. But I urge you, do not stop this project. Most of us live in decent homes. By
support of this project, the Commission has recognized that many in the City do not. If we do not start
construction of this project soon, the tax credits will be lost. It is not fair to us. We would lose most of two
million dollar ($2,000,000) investment. Worse yet, it is not fair to the 211 working families would be denied
the opportunity for decent and safe housing for themselves and for their children. I'd like to now introduce
Bill Maury, who is the Executive Director of BAME Development of South Florida, Inc., our non-profit,
community -based partner and, then, Mike Spetko, who's Vice President for Development of Gate House to
discuss specifies of the project. Thank you.
Mr. Bill Maury: Good evening, Commissioners. I'm Bill Maury, Executive Director of the BAME
Development Corporation, a subsidiary of Greater Bethel A.M.E. Church in Overtown. Downtown
Overtown. Again, Reverend White sends his regard. He's in South Africa. Should be back next week, but
he wanted to be here. I wanted to speak, basically, on the community side of this project and that has to do
with putting in affordable housing and providing other kinds of services that we think and we -- and with the
cooperation of the community that the community need. Bethel Church, itself, has over a dozen ministries
and one of them is affordable housing, and that's my job, to ensure that that takes place. We currently have
three projects on the board. We have this one, which is a multi -family. I have a 40 unit, single family detach,
the first detach built -- homes in Overtown in some 30 or 35 years. Hopefully, I'll be pulling permits this
Friday or early next week to be able to break ground and do that. And the third project is a 12-unit permit
housing HIV/AIDS project that the church and BAME bought the building and we're converting it for
permanent housing in Overtown. So, obviously, our commitment for Housing is very serious undertaking,
and we're very serious about what we do here. When we are putting all these kinds of programs together and
trying to make things work, a lot of times we think about what is it that the other part of the community really
concerns themselves with? Because, generally, we don't have or don't see anybody there on the front lines
supporting these kind of projects. It appears that once you get so far down the line, then folk begin to come
out of the woodworks for whatever reason. We don't see them when we're cleaning up the community. We
don't see them when we're cutting the grass. We don't see them when we're feeding the homeless. We do
that twice a week. We don't see them when we're giving away clothes. But when we have something that
we're trying to do for the community, all of a sudden we see people coming out. So, an
yway, Iit's very
important that we get support for these housing, like we would like for the balance of the onesthink that we have
e
coming on line. And with that, I think I'll turn it over to Mike Spetko, this. will give us some additional details on
Vice Chairman Gort: Thank you, sir.
Mr. Michael Spetko: Commissioners, Michael Spetko, Vice President of the Gate House Group, 600 1
Brickell Avenue, Suite 603, Miami, Florida. I will speak briefly about the project description, the amenities
and pass this back to Lucia. This development will cost approximately eighteen to ninete n million dollars
build, in which we have firm financing commitments from the State of Florida, Miami -Dade County,First
Union National Bank and, of course, the City of Miami. The State of Florida's commitment for tax credits
will equal twelve million dollars ($12,000,000) of that eighteen million dollars ($18,000,000 of w
percent will be paid for by this commitment. The County has committed a million nine hundred and fifty
), which 60
thousand dollars ($1,950,000). The City has committed six hundred and seventy-five h
equal to only three and a half percent of the total development costs. However, the City will be tile a one that
will benefit the most from this community. For example, currently, this Property pays approximtel
twenty-one thousand per year in taxes, in which this new development will produce, hundred e ghtyafive
thousand dollars ($185,000) per year in taxes. That's an eight hundred and eighty percent increase in the
tax r. ...
217 December 14, 1999
base. For every dollar that this City invests in this project, twenty-eight dollars ($28) are coming from the
private sector and other government sources. This community will have onsite parking, a community center,
playground tot lot, car care area, exercise facility and a laundry facility. Each apartment will have cable TV,
washer and dryer hookups, range, range hood, refrigerator, disposals, vertical blinds. This is all for rents
between two hundred sixty-six dollars ($266) for a one bedroom to six hundred and ten dollars ($610) a
month for a three bedroom, two bath. We have invested over two -- almost: two million dollars ($2,000,000)
into this development, without one dollar from the City. We are literally 45 days from pulling our building
permit and we, to date, have spent almost a hundred thousand dollars ($100,000) on this Section 106
mitigation process. Without -- and, again, I'm abbreviating this. I want you to know that the Gate House
Group is committed to comply with all local, state and federal requirements. Thank you.
Vice Chairman Gort: Commissioner Sanchez, you had a question?
Commissioner Sanchez: Yes, I do. Thank you, Vice Chair. Lucia?
Ms. Dougherty: Yes, sir.
:Y
Commissioner Sanchez: I have several concerns that I would like to clarify here. One, first and foremost, is
e
k.
the Section 106 of the National Historic Preservation Act, which apparently you were side railed on that
a ;
issue. Apparently, you did not know the property was part of the Historic Preservation Act or not. But later
through the process, you found out about it. One of the houses that is in that property, if I'm not mistaken,
housed a President that would comedown hereto visit, and I believe it's Mr. Roosevelt. One of the houses is,
is that correct?3
Ms. Dougherty: I have no knowledge of that.
Commissioner Sanchez: You have no knowledge of that.°s
Ms. Dougherty: I apologize, Mr. Commissioner.
Commissioner Sanchez: All right.;
Yr
Ms. Dougherty: There is -- and let me just say this to you. This property is not a locally designated or on the
National Register Historic property. None of it. This is the site, which is described in red?
Commissioner Sanchez: Well, do we have a Historic Board here in the City of Miami? We do. And one of
the houses there -- isn't there past history that one of the houses was one of the houses where Theodore
u
Roosevelt would come down and stay?
'r
Ms. Eaton: I don't have any knowledge about that. We researched the overall history and significance of the
neighborhood in a potentially historic district, but did not get into that level of detail.
Commissioner Sanchez: OK. So, what's the historic on the houses that are there? Why...
Ms. Eaton: It is the historic district, the whole Lumus Park neighborhood that is eligible as a National
Register Historic District. It's the quality.
Commissioner Sanchez: The other concern that I have -- and this just for clarification, now that I know that
that house was not. It was just a letter that I received from someone who had some concern on that -- is that,
within a mile radius of that, you have one, two, three, four, four or five low income housing; is that correct?
218 December 14, 1999
Ms. Dougherty: Actually, I have described them for you. This is a 14-story -- here's the site again. Here's
Mr. Sobers property, which is the appellant. And Mike, come help me, because I can't read my own writing.
This is a 14-story public housing project right here.
Commissioner Sanchez: That is -- yeah, it's, Metro -Dade Housing.
Ms. Dougherty: This one here is a Dade County Public Housing Project, and so is this one. This one...
Commissioner Sanchez: Right. And then -- and "A," "A," if you go...
Ms. Dougherty: Let me just show you this. This property right here is the Camillus House...
Commissioner Sanchez: Yes.
Ms. Dougherty: ...the new nine story building, Camillus House. So, if anybody thinks that this is going to...
Vice Chairman Gort: Right behind is Moon Properties, which is very reliable.
Ms. Dougherty: Which one?
Vice Chairman Gort: Right behind that property there.
Unidentified Speaker: That would be right here.
Vice Chairman Gort: Yeah.
Ms. Dougherty: OK. So, if anybody thinks that somebody's going to build, you know, single family
residential in a piece of property...
Commissioner Teele: What's the latest rate, day rate?
Ms. Dougherty: Which is in this property, which is zoned R-4, the highest and most intense zoning district in
the City, which, by the way, permits this development without variance. The only issue for Mr. Sobel is the
parking.
Commissioner Sanchez: Lucia, I have nothing against low-income housing. My concern is in the area and
there's talk about reconstruction and modifying the north side of the river to make it a place where people are
going to come and be the next South Beach or the next Coconut Grove. And, you know, as I look at it, I don't
look today. I look five, maybe 10 years down the road and I'm seeing an area that's basically is going to
blossom with time. And the concerns that I have, if you look at it, you have one, two, three, four, five, six,
seven low income housing development, in there, and that's the concern that I have.
Ms. Dougherty: Well, if you want affordable housing in the city, I don't know -- if you don't want it on
Brickell, then where do you want it? And this is probably the best place it's going to be...
Commissioner Sanchez: I don't agree with you, being the best place.
Ms. Dougherty: You know, because it is compatible with this neighborhood.
Commissioner Sanchez: But that's irrelevant. I don't agree with you being that's the best place. I've said it in
my district, and it's not the first time on record that I've said that, you know, if you look at it, there is a certain
219 December 14, 1999
ratio in my district where you have the largest amount of low income housing, and I have nothing against low
income housing, if you want to spread it out evenly. But, you know, when you congest it in one area, I think
that, in the long rum, it's going to deteriorate the area.
Ms. Dougherty: You know, one of the things about this particular district is that these are working class
families. We're not -- when we talk about low income families; we're talking about teachers; we're talking
about nurses; we're talking about city officials -- I mean, city employees; we're talking about firefighters.
Commissioner Sanchez: I could live in one of those.
Vice Chairman Gort: Yeah, I'd like to see City officials there.
Commissioner Sanchez: I could live in one of those, Lucia.
Ms. Dougherty: We're talking about firefighters; we're talking about police officers, and flight attendants.
These are the folks that we're gearing our rentals to.
Commissioner Sanchez: Now, is there a clause there that says, if 20 years down the line that is the next
hottest boom, that you're not going to get the people that are only low income housing and then rent the
apartment out to people that are willing to pay a higher rental?
Ms. Dougherty: I'll tell you how that works, and.
Commissioner Sanchez: Because, you know, if you look at South Beach's, the history of South Beach, at one
time it was for the elderly, retired people that went down there. When it started to bloom, guess what? They
got kicked out of there.
Mr. Plonskier: Commissioner, you're absolutely right. As probably one of the earliest affordable housing
developers on South Beach, we acquired and developed three Art Deco Hotels historic, in fact, and those are
retained for a period of 50 years, with affordability restrictions. Probably, the only thing affordable right now
on South .Beach. The restriction here will similarly be for 50 years. So, this is guaranteed to remain
affordable for a 50-year period.
Commissioner Sanchez: For a 50-year period?
Mr. Plonskier: Fifty years.
Commissioner Sanchez: Fifty years?
Mr. Plonskier: Five oh.
Commissioner Sanchez: Five oh?
Mr. Plonskier: Yes, sir. Yes, sir.
Ms. Dougherty: So, let me get to our appeal. The question is, why are we here, even though we want our
Special Exception? It's because one of the conditions of the Zoning Board placed on the condition is that, in
-- they made a condition that we have to go through a 106 Review process. No, we agree to go through that if
it's applicable. And what I say to you is that, we may not be in a position to even be able to afford to accept
the City's HOME loan funds, if it gets so expensive, if the conditions become some onerous. In which case,
what I would like you to do is to say that we will comply with all federally mandated local, state laws, as
220 December 14, 1999
C
opposed to specifically this 106 process. And if you want to make a condition of going through a 106 process
to the HOME loan funds, that is something we would find acceptable and we think that it makes sense, if you
tie the 106 process to the money, as opposed to this parking Special Exception. That's our...
Commissioner Winton: Would you repeat that?
Ms. Dougherty: I'm sorry. What we're asking for -- there's a condition of the Special Exception. Remember,
the Special Exception deals with parking, and the condition is that we have to go through a 106 Review
Process. What we're asking for is that you make -- you modify that condition to say that we'll comply with
whatever regulations are applicable. And I say that because we may not accept the City HOME loan funds.
It may be so expensive for us, given all of the conditions of the 106 process, that we may not be able to afford
to accept the 106 money. So, what I would ask you to do is tie that condition, the 106 condition, to the
money, which is where it should be. If you accept our money, you have to go through the 106 process. And
that's our request.
Vice Chairman Gort: OK.
Ms. Dougherty: Mr. Chairman would you like us to make a presentation in connection with the parking at
this time?
Vice Chairman Gort: Go ahead and get it over with, to try to expedite, please.
Commissioner Teele: Before you do, I just would like to hear...
Vice Chairman Gort: Commissioner Teele.
Mr. Sobel: I would like to make the presentation on the -- on my appeal.
Vice Chairman Gort: Excuse me. Yes, sir? Sir, you'll get a chance to make your presentation. I promise
you.
Commissioner Teele: Mr. Chairman, I would just like for the historical officer, the staff, to respond to their --
to Ms. Dougherty's statement or request.
Ms. Eaton: If the HOME funds are used, indeed, the City is required to go through the Section 106 process.
Commissioner Teele: But that's not her request.
Ms. Dougherty: And we agree.
Ms. Eaton: Any -- Section 106 is required, if there is any federal undertaking. And we do not want to
preclude the City from being able to be a consulting party.
Commissioner Teele: Her request was that she -- that the applicant be allowed to proceed without the 106
and that they would agree, specifically, to the 106 and they would agree to implement the 106 if federal funds
were used. And I'm only asking, what is your response to that offer?
Ms. Eaton: I'm opposed to that.
Commissioner Teele: You're opposed to that?
221 December 14, 1999
Ms. Eaton: Yes. For the reason...
Vice Chairman Gort: Does that answer your.,.
Ms. Eaton: ... that we have been advised by -- OK.
Commissioner Teele: I just wanted to know your reaction. You know, if you wanted to explain it, it's fine,
but I wondered what your professional opinion was.
Ms. Dougherty: Mr, Chairman would you like us to proceed in connection with the parking issue at this
time?
Vice Chairman Gort: I'll say, yes, go ahead and get it out of the -- yes, let's go ahead and.
Ms. Dougherty: Yes. OK. Mr. Chairman, members of the board, one of the other -- our request before the
Zoning Board is to reduce the parking requirements for this low income housing project, and the City
permits, by Special Exception, for the Zoning Board to reduce it by 50 percent. In other words, the Zoning
Board can reduce the parking requirements for a low-income housing project by 50 percent. The City,
therefore, recognizes that, in certain districts, less affluent families have less cars. And, frankly, we have an
expert, Richard Eichinger, from Transport Analysis, who has analyzed several low income housing projects
and has come up with the exact, same conclusion, that is, they are -- these kinds of projects do not require the
same amount of cars. The other issue is, there's lots of public transportation in this neighborhood and in this
district. Mr. Sobel challenges, based on two...
Mr. Sobel: I'd like to present my own appeal.
Vice Chairman Gort: Excuse me, sir. You'll get a chance to present your appeal. I promise. I told you you
will, OK? Thank you.
Mr. Sobel: But she's already presenting it.
Vice Chairman Gort: OK. That's all right. But then you can -- get to talk on it too.
Ms. Dougherty: His statement is in your package and he is basically alleging two things. One is that this is --
our application is for affordable housing and this is really a low-income housing project. In fact, the state
regulations -- and Adrienne Pardo will be passing them out to you -- has a catch-all. It says, "affordable
housing projects" and it's defined as low-income housing. In other words, low-income housing is a type of
affordable housing. Moderate -income housing is a type of affordable housing. So, in other words, for us to
use the word affordable housing does not preclude us from being a low income housing project and,
therefore, we are properly before the Zoning Board as a low income housing project, even though, in our
application we called it an affordable housing project. The other...
Commissioner Sanchez: What would the rent be?
Ms. Dougherty: Say it again.
Commissioner Sanchez: What would the rent be?
Ms. Dougherty: I'm going to get to that in a second. The other thing, too, is that we have committed, on the
record, both of the Zoning Board and here, that we will be a low-income housing project, as defined by the
222 December 14, 1999
state regulations. The other thing that we have -- not only have we committed to do that, it is planned and
will be a low income housing project, as defined by the state regulations, which I'm going to give to you.
Commissioner Teele: Here is mine.
Vice Chairman Gort: We have it.
Ms. Dougherty: The notices, the agenda, the public hearing, everything talked about low-income housing
projects. It is on the agenda properly as a low-income housing project and, therefore -- and we've committed
to, if we get the Special Exception, to have a low-income project. This is the State regulations, which is Rule
67-48. And you see, it talks about affordable multi -family rental housing. On page 15, you'll see a definition
for low income housing and it means, "with respect to HOME program, income which does not exceed 80
percent of the median income for the area as defined by HUD" (Department of Housing and Urban
Development), and it, then, goes on to establish some other ceilings. Now, I'd like Mike to tell you what is
precisely the rent that we're going to be charging there.
Vice Chairman Gort: It's in there. I saw it. It's three hundred and something for one apartment and two is six
hundred and something. OK.
Ms. Dougherty: The other issue is that, remember, Mark talked about, we are going to escrow five percent of
all their rent, put it aside and give it to them when they want to buy a home, their first home. So, now, I'd like
to have Richard Eichinger -- the other issue that he talks about, though, is that if somebody from our project
needs to park, he believes -- Mr. Sobel believes they're going to park in front of his building, which is over
here, on 3rd Street. In other words, he believes that anybody who couldn't find parking in our building here is
going to come around to 3rd Street and park in front of his property and that would lower his property. He
has a 24 unit building with no parking at all and his concern is that, if we -- if our people move around here...
Mr. Sobel: I would like to present my own case.
Vice Chairman Gort: Excuse me, sir. You will get a chance to present your own case. I promise. I'm telling
you. Please, sit down and I'll let you know.
Mr. Sobel: Sit down?
Vice Chairman Gort: Please. Thank you.
Ms. Dougherty: I'd like Mr. Eichinger to come forward, who is our traffic engineer, to testify on two issues.
Vice Chairman Gort: Let's go. Come on. That's it.
Ms. Dougherty: I'm sorry, for the record, that we need to do is.
Vice Chairman Gort: Come on. I mean...
Ms. Dougherty: We need to do this for the record. Two things. One is that...
Vice Chairman Gort: This is going to court also?
Ms. Dougherty: Probably. Unfortunately.
223
December 14, 1999
Mr. Richard Eichinger: I'll be real brief. My name is Richard Eichinger. I'm a Senior Traffic Engineer with
Transport Analysis Professionals, doing business at 8701 Southwest 137 Avenue, Suite 210, Miami, Florida.
Basically, just to give you a real short background. We first did our traffic study -- our parking study at two
nearby low-income housing and the study that we initially did was back in October. It had showed that the
two housing projects that we looked at did not require more than 50 percent of the parking that was required
by Code. In other words, 50 percent of the parking that was being used there between the hours of seven and
nine p.m. was now 50 percent of what was required by Code. Now, we presented this study to the Planning
Department and they said, "Well, what about the hours between nine and I IT' So, then, we went back out
again in November and looked at the same two projects at nine and 1 I -- at the hours of nine and 11 and,
again, found out that these two projects did not require 50 percent of what was required by Code. So,
recently, it was suggested that there might be a parking problem in the area where the site is being developed
or going to be developed. So, we went one and a half blocks or two blocks, in each direction, from where the
site is being proposed and found out that, in that particular study, there is no on -street marked spaces. But if
we consider that a parking space takes 30 feet, we looked at the number of linear feet there, for a total linear
feet for parking is four thousand two hundred and seventy-five feet. What does that mean? Total available
parking is a hundred and forty-seven spaces. The total vehicles parked at 1 l p.m., our snapshot that we just
took here recently, was only 32 vehicles. In this area there still remained a hundred and fifteen on -street
parking spaces yet to remain. Basically, that's it. And I'm here for questions if you need me.
Vice Chairman Gort: Thank you, sir. I'm sure there will be some questions later on. OK.
Ms. Dougherty: We just have a hundred and eighty-seven units, 206 parking spaces, more than one parking
space per unit. We have only -- we're only asking for a reduction by 34 percent.
Vice Chairman Gort: Thank you. Yes, sir. It's your turn now. Make your case.
Mr. Sobel: I'm distributing the transcript of the...
Vice Chairman Gort: Give me your name and address, please, sir
Mr. Peter Sobel: Peter Sobel, 421 Northwest 3rd Street. I'm distributing the transcript and my appeal that I
filed, and the transcript is of the Zoning Board meeting. So, I'd like to have you have the benefit of it. I was
told by the secretary that it would be distributed to you before I got here, but I don't know. Have you had my
appeal in front of you?
Vice Chairman Gort: No, sir. It's part of the record here. Yes, it is part of the record. And we have it here.
Mr. Sobel: You have it here?
Vice Chairman Gort: Yes, sir.
Mr. Sobel: OK. All right. May I proceed, then?
Vice Chairman Gort: Go ahead.
Mr. Sobel: OK. I think the appropriate thing is that I present my case and she presents her opposition to it.
So, that's why I was a little agitated when she was going and proceeding to give her -- all her oppositions. So,
I'm sorry about that.
Vice Chairman Gort: See, you get to be the last speaker. When you get to be the last speaker, you can listen
to all her statements. Now, you can prove yours.
224 December 14, 1999
Mr. Sobel: Well, let's go with whatever I can say and, then, we'll leave it at that. You're familiar with this
particular ordinance 917.6. This is where they're getting their ability to try to reduce the amount of parking
on their building, but they filed it as an affordable housing project. An affordable housing project is not
interchangeable with Special Exceptions in low cost housing. Affordable is not -- affordable could be
anything. Could -- anybody can have an opinion as to what they consider affordable. But this ordinance says
that this project, in order to get the parking benefits under 917.6, must be a low-income housing project. I
know they want to use the term very, very loosely to include affordable. When they made this application,
they did not say it was low income. I have it right here. They said it's an affordable housing. Now, there's a
big difference between variances and Special Exceptions, as outlined in the Code. A Special Exception is a
legislative act. You must inquire as to the low-income element of it and is it actually low income or just
affordable? If it's low income, then they're entitled to a parking deduction. But if it's really affordable, they're
not entitled to it. You can't interpret low income the same as affordable because the statute -- remember, the
federal government got away from low-incorne housing. The word low income housing has been a real
problem throughout this country because those buildings that were built under low income housing, most of
them -- a lot of them have been destroyed because of the problems that exist within a building that has all
poor people who are desperately trying to make -- get by. And we've had a lot of good; high rises blown up
because of low-income housing. Everybody in that building was a low-income person. They don't want that
anymore in the federal government. The federal government now has moved away from low income housing
to affordable, but the ordinance that they're using to get their deduction is the old fashioned, low income
housing that is from years ago and they're trying to put it into affordable housing. You would have to pass
another ordinance in order to be able -- you could say affordable housing, you're entitled to 50 percent of the
parking space that you're required under the law. But it doesn't say that. It's a legislative act that could be
corrected. You could change it, but you can't go ahead and give them a reduction of 34 percent from the
standard requirements of your Zoning Code just because they want to play with words. Because their
affordable housing -- their application's defective. It says nothing about low-income housing. It only says
about affordable. So, against the ordinance, it's not working.
Vice Chairman Gort: Mr. Sobel, I think you have made your point.
Mr. Sobel: No, I'm not done.
Vice Chairman Gort: You're not done? OK.
Mr. Sobel: Oh, yeah. I've got a few other things to say.
Vice Chairman Gort: OK.
Commissioner Teele: Yeah, but he hasn't made but one point yet. He's just going over the same thing.
Vice Chairman Gort: That's what I'm trying to tell you.
Mr. Sobel: Well, I'm coming back to it. Give me time. I sat here for eight hours. I mean I'll try. I'll try my
best to say what I have to do in another five or ten -- five minutes.
Vice Chairman Gort: Right. I think the problem is, you're being repetitious, sir.
Mr. Sobel: I'rn not being repetitious.
Vice Chairman Gort: OK.
225 December 14, 1999
0
Mr. Sobel: OK. Let's say you gave them the 34 percent and they had not enough parking as a result of your
reducing it. Now, where are those cars going to be? They're going to be on -street. Now, I'm 375 feet from
this building and --
Commissioner Teele: Give him a mike. He can't -- here you go, sir.
Mr. Sobel: Does this work?
Commissioner Teele: Watch it, watch it, watch it, watch it. Take your time
Mr. Sobel: OK. All right. You and I know -- we've lived in other cities. I come from New York. But if you
put this building up and, then, you have a circular driveway here to enter it and so forth, there's going to be a
minimal amount of parking that's right on the street. Now...
Commissioner Teele: Mr. Sobel?
Mr. Sobel: ... the other thing they're not mentioning is that they have another project on property they own on
the south side of 4th Street and they've got 24 more units going in that they're not -- don't want anybody to
consider because that would further impact the area. And people are going to have to ride around and around
and finally they're going to -- my building is here. They're going to go around the corner and this whole
black is going to be full. Now, we don't have...
Commissioner Teele: Sir?
Mr. Sobel: We have no off-street parking in these older buildings. We count on the street parking, the
on -street parking, so that our tenants can have a place for their car.
Commissioner Teele: How many units do you have?
Mr. Sobel: Twenty-three.
Commissioner Teele: How many parking spaces do you have?
Mr. Sobel: Maybe one, just in front, but I don't have any off-street parking. My building was built way
before there was a need for off-street parking. So -- and the same thing goes for all of these buildings on this
street here. None of them have off-street parking of any significance because they were built earlier. So,
now, what happens is, my -- let's say we need 20 car spaces and the overflow from these buildings is going to
-- where are they going to go? They're going to go right in front of my property and.
Commissioner Teele: What other issue do you have?
Mr. Sobel: The main thing is they've vio -- their application doesn't meet the...
Vice Chairman Gort: OK. You made that a statement. I think you made that statement and you made that
point.
Commissioner Teele: 1 mean, you have made this point 80 times.
Mr. Sobel: And I'm hurt by it. I have what's called R-4, also.
226 December 14, 1999
1
Commissioner Teele: You know what? Let me tell you something. I don't know if you know anything
about me. I am absolutely death on anybody who wants to build something low or moderate and doesn't put
in enough parking. There is no way that I will ever support anybody's moderate to low income, not having
one hundred percent of the required parking. i think it is a perpetration of a fraud. I've said that every time
I've been here. The biggest problem in Overtown today is that there's no parking. But, you know, I'm going
to tell you something. The more you talk, the more I'm trying to figure out a way not to support your position
because -- I mean, you have made the point; it's getting late...
Vice Chairman Gort: Quit while you're ahead.
Commissioner Teele: ...and all you're doing is just going over the same thing to the point of being unfair to
us. Now, I want to just understand one thing. Do you have anything other than the fact that you've got 24
units that don't have one parking space and you don't want them to impact on your no -parking on the street?
Because it sounds to me like -- you know, the problem here is that the Building and Zoning Department has
let you go in there and do something that really should not have been done and now you want to object to
somebody else trying to follow in your footsteps. Fortunately, for you, I don't think this Commission is going
to entertain that.
Mr. Sobel: I don't know what you mean. Would you be more specific?
Commissioner Teele: Well, let me...
Vice Chairman Gort: Thank you, sir. You've made your presentation.
Commissioner Teele: Let me put it this way, Mr. Chairman. Mr. Chairman, in all honesty, I am so frustrated
with the City Code. You know, to learn today, clearly, that there is an exemption or some type of escape -all
tif'Tury�*i'
-- I mean, this concept -- I don't know when this was put in effect, this concept that low -- that people that areFh;
livingin poor buildings, are a moderate income, have less parking needs than anyone else. We represent
P g� P g Y P
everyone up here, with the exception of Commissioner Winton, to a great extent, represents districts that are
majority poor. I mean -- and I lived in a unit on 1 lth Street, right in front of where Winn Dixie is, where
i
somebody figured out a way -- it's a brand new building and I'm not going to -- you know, I've moved out.
shY;
You know, I don't want the guy mad at me. But somebody figured out a way to call it a one -bedroom study.
Rene, where are you? It's right around the corner. They called it a one -bedroom with a study. It's a
F`a'
two -bedroom, which means that every -- all those two -bedroom units have one -car garage, OK? And the fact
J
of the matter is, I lived there for six months. The biggest problem in that building, a brand new building,
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directly in front of the Water and Sewer and Winn Dixie over there, is parking. Now, I don't know why we,
the City of Miami, are perpetrating this on the people that live here or the people that want to live here. And
by having it in this Code provision, that someone can come in and apply for a reduction of 50 percent of the
'
parking, is literally an attractive nuisance. Everybody, every lawyer, every developer in the City is going to
4
come in and ask for it. And so, you know, I don't blame you all for asking for it. I certainly don't blame you
for asking for a reduction in the parking, but the fact of the matter is, how can you have quality development,
two bedrooms, and have one car -- one car -- most of these families have three cars, two of which don't even
run in many cases. But the fact of the matter is, I don't know if you've been into any of these really working
families. They all have got cars out there in the garage that need to be fixed. They -- you know, it's a
a
mockery. It's a fraud perpetrated by the City of Miami on our citizens to insist that people don't need -- that
moderate, working people, working people, don't need -- you know where you don't need it? You don't need
it on Brickell up there with the Atlantis, where half of those people are in Peru or they're in Argentina or
they're in -- you know, that's who doesn't need it. It's the upscale. If you want to give that, I'm with you.
1
But, my God, let's stop the notion that working people don't need adequate parking. That's just a myth and it
really hurts the community. And, so, the only thing that I want to be very clear on is that the parking issue --
the ] 06 issue is another issue. The parking issue -- I have said it -- I've said it for Greater Bethel; I've said it
'r
227 December 14, 1999
for the Urban League; I've said it for Mount Zion; I've said it for every Community Based Organization that
comes here --just because you are a church or a Community Based Organization, that has nothing to do with
the quality of life that we want for our residents. And good things can come from churches and bad things
can come from churches. What we need are quality development. I was so impressed to hear all of the things
that we're talking about. This Gated Development Corporation. But I can assure you; you're not serving your
own best interest or the community by cutting short the parking requirements. If you have two bedrooms,
you need two -car units. And that's just what working people need. And that's a myth to talk about all of the
parking around there. We all know where that is. That's East Coast Fisheries right down the street and it's
Joe Garcia -- what's the name of that? I mean, there's no real parking -- I mean, transportation. There's not
even a regular bus route in there. So, let's don't do that. Let's say, if you want the development, you've got to
do the parking. I mean, that goes without saying. The bigger issue, as far as I'm concerned, is the 106 issue,
and I don't know the answer to that.
Vice Chairman Gort: OK. Let me -- let's get back to perspective. Thank you, sir. We appreciate it.
Mr. Sobel: He couldn't have said it better.
Vice Chairman Gort: That's right. So, quit while you're ahead. Do we have -- you're learning.
Commissioner Teele: The only problem is, somebody ought to figure out how to make him get some parking
units in there.
Vice Chairman Gort: Let me ask you a question. People, when they first came in, they were all sworn in.
Anybody else that's going to testify today has got to make sure they have been sworn in. So, any of you that
wants to testify, that have not been sworn in, please stand up, raise your right hand so you can be sworn in.
Commissioner Teele: On this issue?
Vice Chairman Gort: On any issue that's going to come up, OK?
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED
OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS
GIVING TESTIMONY ON ZONING ISSUES.
Vice Chairman Gort: Thank you. You know, Commissioner, I agree with you. I don't think, from now on,
we should have any one--- meeting where we have these issues with so many items -- Planning and Zoning
with so many items. This is ridiculous. There's no way you can do this. I mean, you look at the agenda,
we...
Commissioner Teele: But we're going to need to reorganize ourselves, Mr. Chairman.
Vice Chairman Gort: We have, at least, 70 -- 80 items in front of us today.
Commissioner Teele: Mr. Chairman, we just can do the Zoning issues tonight. We're not going to be able to
do the rest of the items or we're going to be burnt out for the rest of the week and..
Vice Chairman Gort: We need to deal with the Miami Capital issue. That's one issue that we need to deal
with.
228 December 14, 1999
Commissioner Teele: Well, I would hope that we could agree on some kind of an agenda for the rest of the
week. I mean, I'll be available any time the other four Commissioners are but we, obviously, are going to
have to move the balance of the regular agenda to another time.
Commissioner Winton: I can tell you -- I've been in office for what, a month and a half or two months? And
we're supposed to have one meeting. This is the...
Vice Chairman Gort: Two meetings a month.
Commissioner Winton: No. We were one meeting in December. So, December has one, typically, if I
understand that right.
Vice Chairman Gort: Right.
Commissioner Winton: And we've had -- this is my fourth meeting already.
Vice Chainnan Gort: Welcome.
Commissioner Winton: And now we're have one for Friday, which is the fifth meeting, and I don't like these
long, long sessions any more than any of the rest of you. But, frankly, I've got things I've got to get done and
we've got to get through this stuff.
Vice Chairman Gort: Let's see how much we can get done today. Let's get specific. Those of you who want
to testify, please, limit it to two minutes and, please, don't be repetitious. If the statement has been made
already, don't come up and -- I know a lot of people have written a speech and they've taken their time and so
on, but let's not be repetitious, OK? Let's hear from the public now. And if you can have one representative
that can speak in behalf of all of you, we would appreciate it very much. Sir, you're done. Thank you very
much. You can sit down.
Mr. Sobel: Have you decided on my case?
Vice Chairman Gort: No, sir. We have to listen to all the public hearing. We have to listen to that. Then,
we make a decision.
Vice Chairman Gort: Thank you, sir.
Commissioner Teele: We voted to make you get some more parking.
Mr. Sobel: OK.
Vice Chairman Gort: OK. Don't all stand up at once. Come on.
Ms. Arvah Parks: I know you've had a very long evening. I'm Arvah Parks. I live at 1601 South Miami
Avenue. And, as you know, I've been a passionate person for history and preservation for a long time. This
is different this time. This is just not a lot of preservationists out with the issues of the 106. I just wanted to
explain it to you very quickly, that under the 106, this is a federal -- I happen to serve on the advisory council
for Historic Preservation, which administers the 106. That's why I know something about it, even though I
certainly do not represent as being -- speaking for them at this time. But this is a federal requirement, and I'm
very sorry that it's come up so late. But no one knew that this was -- project was in the neighborhood, not
even the Planning Department, until very late in the process. So, we need to complete this, following the
procedures that the federal government has set up. We've had two meetings. I spoke to the president of the
229 December 14, 1999
y
corporation, We, certainly, want to have as many as we need to have to try to resolve this, but this is a
requirement. And we've been told -- the problem with being just a citizen, you don't have a lawyer with you,
but I've been in contact with the lawyer for the advisory council, who has told me there is case law that it is --
has been ruled in some cases, that you can't just give back the money in order to avoid the process. So, I'll be
happy to give the case. I've got the name. I don't know anything else about it. And also, I've been told by the
State of Florida that the tax credits from the State are highly competitive, and part of the way you get it is
showing community support by having the HOME funds. So, if they just give it back to avoid the 106, which
gives us an opportunity to not just talk about the homes on 4th Street, because the State of Florida Historic
Preservation Officer said it is a potential National Registered District. The whole district has to be considered
as the impact of this project on the district. And there are even guidelines that the advisory council has put
forward, talking about how to deal with affordable housing in historic districts. Thank you.
Vice Chairman Gort: Thank you.
Ms. Becky Matkov: Hello. I'm Becky Matkov, I'm Executive Director of Dade Heritage Trust, Miami -Dade
County's largest historic preservation organization and we are headquartered 190 Southwest 12th Terrace, in
downtown Miami. As a partner with DDA (Downtown Development Authority) on the downtown Main
Street Program and as a sponsor of our annual River Day in Lumus Park on Miami River, Dade Heritage
Trust has worked for over three years to revitalize Lumus Park and the adjoining neighborhood. We see this
'
whole area, which is eligible to be on the National Register as a district, historic district. We see this -- the
idea of a low-income high-rise project that would use federal money to demolish a whole block of houses
fit,
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built around 1914. We see this as a dreadful waste of historic resources and a waste of economic potential for
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the City. We think this whole area has a tremendous future and we urge you to guarantee that we will not do
something now, which we will regret down the road. Thank you.
Vice Chairman Gort: Thank you. OK.
Ms. Enid Pinkney: Enid Pinkney, President of Dade Heritage Trust, 190 Southeast 12th Terrace. I was born
in Overtown, at 1827 Northwest Sth Court, and grew up there. My family, my father came here in 1910 from
the Bahamas, and he -- that was when Miami was Palmetto Bush, and he used a machete -- people hired him
with his machete to help clean Miami up to make it a beautiful place. He was a gardener. And I am here as
h;
an Overtown person who lived long enough to see Overtown destroyed, a historic -- which would have been
a historic house. I have a picture of the house I was born in. People who made outstanding contributions to
this community can't go back over there and show anything. I can't take anybody, my relatives to show them
4
anything because back then, and Arvah Parks and I have a little difference of opinion here. I told her 106 isn't
Vuln
doing anything because -- and she's telling me that, "Well, back then, they didn't have 106." Well, what good
i
is 106 if 106 ain't doing nothing, you know? So, what I'm saying is that, I just hope that we will respect the
law and that you will not permit to happen in Lumus Park to happen to what my community that I grew up in
,
and loved so much, because I cry when I look at Overtown, and I would hope that you would take that into
consideration. Thank you very much.
Vice Chairman Gort: Thank you, ma'am.
Mr. Ernie Martin: Ernie Martin, 1000 North River Drive. I've been asked to speak very briefly from the
Miami River Commission, which took a stand on this issue at its last meeting, Monday, December 6th.
Miami River Greemvay Project is a project of the Miami River Commission, appointed by the Governor,
with many appointees from various local governments, including the City of Miami. I'm the Chairman of
their subcommittee on Greenways, and that's been planning a project from the airport to the mouth of the
river, We're one year into a two-year project. We were invited by the City of Miami Planning Department to
j
participate in a charrette, along with the Department of Development, on November 4th, where we first
learned, for the first time, of this project. That was November 4th, just a month -- just a little over a month
230 December 14, 1999
r.
t
ago. And at that charrette, the emerging consensus of the participants is that the Lumus Park area has great
potential for a low scale, historic fishing village concept, using the existing fisheries and restaurants in the
Lumus Park area, in and around there, and to serve as an entertainment district on the western side of
downtomm, a new anchor tying the two-way Flagler Street back to its historic riverside to Bayside connection.
And it was at this meeting on the -- at the Miami River Commission, on December 6th, that they passed the
following resolution and asked me to put it into the record, that the City of Miami Commission be asked not
to finalize any plans to demolish historic properties in Lumus Park until the necessary impacts on historic
preservation, parking, greenway, planning and elements of the Lumus Park revitalization plan, as being
prepared by your City Planning Department and your City Development Department, starting with the
conduct of a federal Section 106 Review.
Vice Chairman Gort: Thank you, Mr. Martin. Next. Remember; let's not be repetitious.
Ms. Renee Menzel: I'll be very brief. My name is Renee Menzel. I live at 909 Northwest 9th Court. I'm
here on behalf of the Spring Garden Civic Association, as well as the Alliance of Historic Districts. The
Miami River cuts right through the heart of Miami. It's where our history, began and, most likely, it's where
our future will be. Those of us that live on the river and the communities around it know what goes on. Any
digging that you're going to do on the Miami River, you're going to come up with history, starting from the
Circle to the Lumus Park area and so forth. I don't know if you had a chance to read the December issue of
Ocean Drive Magazine, but there's a spectacular two -page article about the River, and developers are coming
in the country, from all over, into Miami looking at the River and wondering why nothing's been done. I'm
here to just say; I think I have a solution to a problem. I think that, with the guidance of Commissioner Teele,
Winton and Sanchez, since this cuts through all of your districts and since you have a significant number of
historic properties, that if you could convene a task force that would do studies, gather information, report
back to you for a designation local, county, state, federal. This task force, I'd like to suggest, could include a
developer. I see Elizabeth Plater-Zyberk here, an architect, someone from the school board, school
administration, historian, a real estate attorney, and so forth. We could gather information. We could cut
through the red tape. We didn't know about this. I don't even think there was a public hearing done on this. I
think this was snuck in as a pocket item from a Commissioner who's no longer here. And, so, this is a
surprise for us. But you don't have many houses that were built in 1913. Most of the houses are built in the
20's. So, we have significant part of Miami. We're destroying our history, house by house, and it's very
unfortunate, in light of the fact that we are approaching the Millennium. Thank you.
Vice Chairman Gort: Thank you.
Mr. Greg Bush: Hello. My name is Greg Bush. I'm President of the Urban Environment League and
Director of the Institute for Public History at the University of Miami. I just want to remind you all that
Lumus Park is the oldest park, public park in the City of Miami, with some of the oldest buildings there. It
seems to me you gentlemen face a very important question. Is this neighborhood expendable? Given the fact
that the developers have put substantial amounts of money into the design of the Gate House Project, should
this neighborhood be sacrificed on the altar of procedural irregularities and the lack of oversight by the City
itself? There was no public hearing. No proper notice to the public and to other claimants to the HUD
funding. Who should pay for this oversight? Should the City be forced to mend its ways and forge a creative
solution with the developer, who has, so far, refused to exceed, to good faith, attempts of mitigation and
redesign by concerned citizens, such as Arvah Parks and Enid Pinkney? And what message are we sending
to the public that is so mired in a culture of cynicism towards government itself, that the City did not
adequately flag this project, can get away with such action, or should the City Commission say, here and
now, that reviving the neighborhoods and forcing codes and clear procedures, respecting history and listening
to the voices of the public.
Vice Chairman Gort: Mr, Bush?
231 December 14, 1999
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Mr. Bush: I'm almost finished.
Vice Chairman Gort: Mr. Bush, excuse me a minute. Can we get somebody to get that meeting out of there?
I'm sorry, sir. Go ahead.
Mr. Bush: That's all right. Little wind up here. Respecting history and listening to the voices of the public
about the needs of their neighborhoods are among your highest priorities. I just urge you to do the right thing
today, and force the builder to redesign or move the project so that it works for them, while helping make this
neighborhood an example, even a show place, for a new Miami. Thank you.
Vice Chainnan Gort: Thank you, Mr. Bush. Next.
Mr. Neal McAliley: Hi. My name is Neal McAliley. I live at 3880 Irvington Avenue, Coconut Grove. I
think this is a difficult issue for me, at least, for at least two reasons. First of all, I support low-income
housing and I think that we need more it, and that is a good thing that we should be supporting in concept. I
think the second thing, I've had the privilege of meeting Mr. Mauzy before and I was very impressed. And I
think the Bethel A.M.E. CDC has done some great work. But I think that this project -- as I understand it, I
think it's a long-term mistake for the public interest of the people in the City of Miami, and I don't want to
dwell on all the details that people have said before. But let me just make two basic points. First, you're
destroying something that's unique. The cities that have revived themselves -- and they're centers around
United States — have built on what's unique. What are the areas in Dade County that have revived
themselves, that are existing older cities? South Beach, Coconut Grove. Coral Gables never had -- never
went down. And I say -- I would question even whether South Miami did. But all of those things share
something in common. They have something unique to them. And anybody who walks out on that street and
looks at those houses, knows that those houses are unique. They may be shabby, they may be worn down,
but they can be fixed, and you can recognize the quality in them. If we, as a city, continue to get rid of the
authentic parts of this city, we are just -- we're looking like Kendall. In 20 years, we all look like Kendall.
We need to look like something that is unique here. Something that has value. It's worked for South beach.
It's worked for the Grove. We need to be thinking about that. And ripping out houses from 1914, doesn't fit
with that. The second thing I want to say as to why I think that this could be a mistake is simply the size of
this. It's 14 stories. How you build the building on the street will affect the quality of life on the street. How
you allow people to access the street will affect crime. If you have people sitting on the porch, they're
looking at preventing crime. If you have people out there interacting on the street, you do a better job of that.
When you build a high rise, I would suggest you're making a long-term mistake. Cities around America are
ripping down high-rise, low-income housing. Why are we building it? I think that some of the projects at
Bethel A.M.E. is done elsewhere in Overtown are admirable, and they're not high rises. They're low rises,
and they're something that inspires a sense of community. I ask you, as the Commission, where's the vision?
You know, Mr. Sanchez, you put -- I think articulated the vision. The River is a tremendous asset. Mr.
Teele, you articulated a vision also of treating poor folks with the same respect to people who are wealthier.
But...
Vice Chainnan Gort: Excuse me. Your point has been well taken.
Mr. McAliley: OK. But let me --and just in closing, I would just say, the public interest is what we should
be thinking about and that's not this year. It's not next year. It's 10 years down the road.
Vice Chairman Gort: Thank you, sir.
Mr. McAliley: Thank you.
232 December 14, 1999
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0
Vice Chairman Gort: OK.
Mr. Robert Parente: Hi. Robert Parente, 75I Southwest 27th Road. Everything's been said that needs to be
said, except one thing. If we prevail tonight and the thing is put on hold or put on study, one of the fears I
have is demolition by benign neglect. So, I'd like to just make a point to the City staff, City Manager tonight,
that the property be monitored by the Code compliance people so that things don't happen to the property, so
that, eventually, it has to be torn down because shutters came off the windows, things were left undone and,
before you know it, it has to be torn down because it was left to rot. Thank you.
Vice Chairman Gort: Thank you, Mr. Parente. OK. We're now...
Ms. Dougherty: Mr. Chairman, I just have to respond to a few things.
Vice Chairman Gort: You already made your presentation.
Ms. Dougherty: I didn't respond to the 106. 1 need to...
Vice Chairman Gort: OK. Go ahead.
Ms. Dougherty: as my appeal.
Vice Chairman Gort: You've got a few minutes to do so. Five minutes.
Ms. Dougherty: Oh, I'm sorry. There is another member of the public.
Mr. Carl Mullins: Commissioners, Mullins, Carl. I live at 439 Northwest 4th Avenue. I am also a resident
of that area and a property owner for some 35 years. In fact, we're the only retail establishment south of 5th
Street, which includes this area that's in question here. We have sit there and watched this from the time I-95
came through, Mr. Teele. We haven't seen nothing but promise. The River going to be this, the ri... they put
down some sidewalks and street and planted some trees. Now, I don't see no monkeys down there looking
for nowhere to live. Those houses that they are talking about demolishing there, they are dope houses. That's
all they are. I know. I owned property there. In fact, I tore down one four years ago. Here's the problem.
You, as a property owner, is responsible for the safety of the individuals, even though they are intruders on
that property. The insurance company won't insure those houses. If you do, you need to be a rocket fellow.
This -- you are in a catch-22 position. What they are talking about going to happen there, they're going to do
to park. They closed that park down. First of all, I own property there before I was allowed to go into that
park. They closed that park down; kept it closed down for 10, 15 years; they opened it back up; they opened
the south gates on it. They don't even open the north gates. It may be an attempt to keep certain people out
of that park, right on. I still have that in my throat. And if you put low-income housing in there, there will be
more of that kind of a people in the neighborhood. In other words, I'm saying they want to preserve this thing
for the elite of the elite, not for the general public. I don't see nothing there that tells me -- from Joe, Garcia's,
I know them all, personally, that tells me that this thing is going to be this mecca that they are talking about
building on the Miami River. Now, maybe one day it might materialize, but I've been looking for it and
sitting there paying rent and buying licenses, paying taxes, for the last 20 years, with seven percent of my
business being operated to its maximum capacity because I know if I expose them to the public that exists
there now, they won't last long as I could say "good morning." Because the clientele that's available is of that
destructive, crack addict caliber. I plead with you; don't pass up the chance to do something constructive with
that property now. Twenty years from now, 30 years from now, somebody can stand up here and say what
I'm saying now. I've been waiting 20, 30 years for something to come in there worthwhile. I have bought
license, liquor license. I could open up tonight and I could entertain the clientele that's available. I won't do it
233 December 14, 1999
because it will degrade the situation. If we don't get something in there now, it's going to get progressively
worse, not better. I ask you to pass that program, please. Thank you very much.
Vice Chairman Gort: Thank you, sir.
Ms. Dougherty: Mr. Chairman, Mr. Bush said that we never responded to any of the historic preservationists.
You could not have asked a developer to respond more quickly, since October the 20th, when they first found
out about this. He hired the foremost preservation architects and historians in the State of Florida to try to
negotiate this. We've met with people. We're agreed to preserve two or three of the houses. Two of the
houses. We've agreed to also allow anybody who wants to move the houses, for free, to move them in any
lots in the City. We've agreed to do -- we're even agreeable to do more things. We have another meeting
with Arvah Parks even on Monday. But here's what I want to tell you, that is, if you deny this Special
Exception or if we withdraw the request for a Special Exception, there is no longer a 106 condition. There's
no condition on the Special Exception, so -- and here's another question for you I have, Mr. Teele.
Commissioner Teele?
Commissioner Sanchez: Lucia?
Ms. Dougherty: Yes, sir.
Commissioner Sanchez: I want a response from the administration.
Ms. Ana Gelabert: Excuse me. I really think the condition of the 106 is because of the federal funding that
You are receiving.
Ms. Dougherty: Right. But there's no condition on this Special Exception.
Ms. Gelabert: The Special Exception, an additional one, it was presented, they added that, as a condition, but
if you would go away -- 106 is not because of the Special Exception. It is because of the funding that you are
receiving.
Ms. Dougherty: I understand.
Ms. Gelabert: So, that would not go away.
Ms. Dougherty: Assuming that we take the funding. But here's -- Commissioner Teele, what I'm trying to
tell you is that each parking space cost seven thousand dollars ($7,000). If we comply with a hundred percent
of the parking, this project isn't feasible. And if you want to hear any further from the client, this is -- this
isn't possible to build a hundred percent. Do you want us to defer the item, to talk -- to see if we can get the
106 Review, with the preservationist, to redesign it, to come up with it? But a hundred percent of the
parking, we cannot do.
Vice Chairman Gort: Thank you. OK. We now close the public...
Commissioner Teele: If I could just...
Vice Chairman Gort: Close the public hearings and have comments by board members. Commissioner
Teele.
Commissioner Teele: Mr. Chairman, I want to say this, as many times as I'm asked. I don't want to see
anymore housing being built that does not have the requisite amount of parking for the low and moderate
234 December 14, 1999
income families throughout this City. You know, it is a fraud, as far as I'm concerned, to have the requisite
amount of parking for the affluent or for the wealthy or for the up scale and, then, when it gets down to the
poor and the moderate and say we're going to do something for the poor and the moderate, to say, "It doesn't
make financial sense," you know. And that's my position because I am dealing with a community that has,
literally, large numbers of affordable housing that are nothing more than shotgun, cramped space all over
Overtown, none of which -- the gentleman who came up and -- 1 mean, that's the typical problem, is that
everybody wants everything for the neighborhood, except what they have to pay, and the people who live in
their housing don't have it. Lucia, it's really not fair what has happened in this city for the last 20 or 30 years,
under the guise of affordable housing. We've got to change the definition of affordable housing. You're not
doing anybody any good building a unit that does not have the requisite atnount of parking and say we're
giving them a nice place to live and, yet, the number one, number two cost to live in a city is housing and
transportation. And it raises the cost of insurance; it puts those people at risk. I mean, it has a whole cycle of
effects. And so, ,you know, my position is the same thing I said this morning about parking. You know, that
it's perhaps misunderstood. I'm very cynical now about all these great gestures and good deeds that people
have done because I see the by-product of it. A by-product is a community that has been so eloquently
described by Ms. Pinkney. There haven't been the kinds of standards imposed. You know, we've got
residential areas all over Overtown that don't even have a place for a child to play or place for a child to
study, not to say nothing about the cars. So, my answer is very clear. I will not support, in the near future,
any new construction of any new facilities in the district that I represent or, for that matter, in any place where
the Commissioner in that district feel similar, that, basically, does not require the requisite amount of open
space, playground area, parking, and the kind of amenities that people are entitled to. We want to make
Miami an affordable community and if that means this project is not financially feasible, I'm sorry, but I will
-- it will not be on my hands, that I, basically, continued to perpetrate what has gone on in this community,
particularly Overtown, for the last 20 or 30 years. And, Lucia, the Urban League came here with a very
similar request, saying all we need is a variance on parking. And the answer to them from me was the same
thing. It's not -- you know, I've lived in these units and I'm telling you, Lucia, you're not benefiting the
working public when you give them a one -car garage or one -car parking, when they need two or two and a
half. It really just creates all kinds of problems for that neighborhood or that community. So, I'm sorry.
Vice Chairman Gort: OK. Sorry, sir. The public hearing is closed. Unless one of the Commissioners ask
you a question...
Commissioner Teele: But, Mr. Chairman, I don't understand the 106 issue. Nowhere has the applicant said
they're going to tear down or demolish any homes. In fact, the red line there looks -- there's only one or two
little buildings there. Is that-- where are the buildings? Can you just point to the buildings that have to be
demolished here? Nowhere in the testimony or the presentation of the applicant did they mention that they
were going to tear down buildings.
Mr. Spetko: Commissioner, the buildings that are being torn down are -- there's, I think, one, two, three, four,
five, six structures on this side that are being torn down for this development.
Commissioner Winton: How about the other side?
Vice Chairman Gort: Which one you're going to keep?
Mr. Spetko: The piece of land that we own already, that is not included in this application, because we're
going to be meeting full parking requirements, is across the street. It's a low rise, three-story building, that
goes between this piece of land to this vacant piece of land, and these two houses are the significant ones that
we wanted to keep.
Commissioner Teele: You're going to keep them or tear them down?
Mr. Spetko: We were going to keep those and restore those and give those to homeowners. But, obviously,
this is based upon...
Commissioner Teele: Keep them in that location?
Mr. Spetko: Keep those in that location. But, obviously, I must tell you that without...
Commissioner Teele: He's saying no. He's saying -- one of your partners is saying no.
Mr. Plonskier: Commissioner, if I could just respond. The proposal, in fact, that we've been working on with
the preservation community, includes the fact that we would keep at least two of these homes, perhaps more.
That implies the need for a parking variance even on that parcel. So, in order to accommodate what the
preservation community is interested in, in terms of mitigation, a parking variance would be required in any
event. If I could just, also, just respond. I certainly share your concern about selling -out people because of
their income, and I think that if the decision is made by the Commission to abandon the current statute,
allowing for parking variances for affordable housing, that would certainly be a policy decision that you
could make. I would just say that it is on the books today. It is one of the tools that the affordable housing
community uses to make the housing more affordable to develop, so that we can develop this
type of and it is an incentive that we have assumed that we would be able to use because it is on tile ooks andsit g,
there. I would have to say that, if we're in a position where we both have to build an additional 107 parking
spaces, at a cost of about seven thousand dollars ($7,000) a space, and attempt to meet the needs of the
preservation community, in preserving some of these houses, this project is not viable. Is not viable. And we
will lose the funding. And I appreciate the fact that...
Commissioner Teele: I will say this for you on this. This is not the forum. But if there is historic
preservation of genuinely, historic properties, I will work with the staff and with the management to work to
provide the funding, one hundred percent -- up to one hundred percent of the funding, which is eligible by
federal law for that, as an inducement for you to move forward. I mean, the fact of the matter is, is that we all
are frustrated with the way this City has really not been proactive and aggressive in getting this historic
preservation word out. I mean, I'm hearing what Mr. Martin is saying, that this is an ambush, I was shocked
to learn that this was a pocket item, if it was. I don't -- I mean, that's neither mere nor there. But there are
ways that this Commission, I think, can be -- and I've heard Commissioner Winton speak even before he was
a Commissioner, that he would support historic presentation efforts, something that this Commission, quite
frankly, has not really done under the Community Development funding. I mean, we're in the embryonic
stages of beginning to fund those kinds of things so there could be sufficient dollars and variances as it relates
to historic properties. So, I certainly would like to encourage you because we do need affordable housing.
But as it relates to the variance for some hundred units of parking, I just don't think -- I mean, I just don't
think it's fair to the people that you're proposing to build this for.
Commissioner Sanchez: It's in your district.
Commissioner Winton: Mr. Chairman?
Vice Chairman Gort: Sir, we're going to be here debating back and forth all night,
Commissioner Teele: I don't know if it's in my district or Winto► I
� � district.
Vice Chairman Gort: I think we need to make a decision. It's your district.
Commissioner Teele: Is it in my district or Winton's district?
236
December 14, 1999
Commissioner Winton: Mine.
Commissioner Sanchez: )"our district.
Commissioner Teele: It's right...
Commissioner Winton: It's in my district.
Vice Chairman Gott: OK.
Commissioner Winton: The third challenging one.
Vice Chairman Gort: Excuse me, sir.
Commissioner Winton: May I weigh in?
Vice Chairman Gort: It's been closed. Go right ahead.
Commissioner Winton: When I first saw this project, I was very much opposed to the project -- excuse me --
the second I saw it, and I think it brings us to, yet, another policy issue, Commissioner Teele, in addition to
the parking issue, which I happen to concur with you one hundred percent. And it isn't -- even though their
studies may support the fact that in -- that today there may not be the demand for that parking. These projects
-- because of the funding issues associated with them, these projects, generally, are now committed to stay in
existence as affordable housing projects for well -beyond 25 years and sometimes as long as 50 years, and we
don't know what tomorrow's going to bring, so we could, in fact -- by reducing the parking requirement, we
could really destroy the neighborhood long-term. But that -- but there's a bigger policy issue that I hope we,
eventually, get to and that is just plain, old development of affordable housing in high rise, and I -- there's no
question that high rise affordable housing is being torn down all over the United States, and here we are
Plopping — well, we've built quite a few of them. So, here's another one that just simply is out of scale in an
important neighborhood. Now, however, I have had -- and, so, I was really opposed to this from a parking
standpoint and from just a pure development standpoint because of its high-rise nature. However, I was and
am terribly sympathetic to the point that the developers made and, that is, that lye's gone through a process
where the City has encouraged them through a process, and they have two million dollars ($2,000,000) of
their money on the line. But I will go to a "however" on that, and I think there's a lesson in all of this. And
this is my third, troubled project tonight and I can assure you that, at least, from the development community
-- I hope that everybody is listening because we're going to pay much more -- much closer attention to all of
these things. When you all came before this Commission, when this issue first of approved, or the five
hundred thousand dollars ($500,000) fimding got approved, that was back in December of'98, and there was
B
an issue and it was a discussion issue concerning Wynwood Towers Housing Project, Everglades Apartment
and Miami Limited. It had nothing to do with this project. Nothing.
Commissioner Gort both opposed the process here. And Commissioner Teele says, "We're doing this wrong
again. Here we go. And the point to this is, to the development community,g
Commissioner helped you get this through the process, but it skipped an important t and that was
the public hearings. These public hearings in our neighborhoods are very,
saved yourselves one heck of a lot of time and one heck of a lot of money if you had gone thr ughwthe nolrmal
process and had public hearings and everyone would have been on notice, and you would have put people
like us in a much more tenuous position to have any opposition. Because if one You've ' outhrow,
process, everything's approved the right away, all of the is are crossed, the is are dotted, what are we going to
y g ah the entire
say? But you have created a great opportunity here for a lot of objection and there's a lot of objection here.
So, I guess the issue before us, here, is simply an issue over two points. One is the parking variance, and I
237 December 14, 1999
am, as Commissioner Teele, I am opposed to the parking variance for any of these projects anywhere in our
city. Opposed.
Commissioner Teele: Mr. Chairman?
Commissioner Winton: Two. Let me -- I'm on my last point and I'm done. Arid two is the 106 process, and I
think we have to look to City staff and City Attorney and if the process is required in this project and it's a
federal law, then, we have no choice but to see to it that that's followed. End of my point.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: The staff has just given me -- this was a pocket item, apparently, and they've given me
the discussion. It came up from Commissioner Plummer and it says, "Mr. Teele?" And I said to Mr. --
Chairman Plummer: "Mr. Chairman, here we go again. And I respectfully urge you, Mr. Chairman that I've
talked to all of these people. I respect everyone that is here. Reverend White is a very important member of
this community. But what we're doing is wrong. This is dreadfully wrong. We need to instruct the Manager
to hold a public hearing." And it goes on and on. So, I'm, again, just sort of becoming, I guess, more and
more your soul mate on this thing. Because these things just have a way of coming back and biting you if
you don't have a public hearing on it. See, now were taking a pocket item and making it a decision by the
Commission to fund this, and now we're hearing from all these people saying, "Well, we didn't know
anything about it. If we had had a public hearing, we would have objected." And I just think we need to be a
lot more careful about this, as we go down the road.
Vice Chairman Gort: I need a motion, people.
Commissioner Sanchez: Call the question. I mean, motion.
Commissioner Winton: I think the motion here is -- the first one is on the denial of the Special Exception.
Apparently, we need a motion from this Commission to deny the Special Exception to the parking
requirement and, if that's the case, then, I so move.
Commissioner Teele: I would second the motion.
Vice Chairman Gort: Excuse me. This is an appeal. What is the right wording for it?
Ms. Slazyk: Reversing the Zoning Board,
Commissioner Sanchez: Yeah, it's reversing the Zoning Board.
Mr. Maxwell: That's what-- reverse the Zoning Board's granting of a Special Exception.
Vice Chairman Gort: OK. That's the motion. Is there a second?
Commissioner Sanchez: Second by Teele.
Commissioner Teele: Second.
Vice Chairman Gort: OK. Second. Any further discussion? Being none, all in favor state by saying "aye."
238 December 14, 1999
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO. 99-966
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), GRANTING THE APPEAL, REVERSING THE
DECISION OF THE ZONING BOARD AND THEREBY DENYING A
SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, ARTICLE 9, SECTION 917.6 TO ALLOW A
REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW-
INCOME FAMILIES AND INDIVIDUALS AND WAIVE 107 OF THE
REQUIRED 313 PARKING SPACES FOR THE PROPERTIES LOCATED AT
APPROXIMATELY405, 411, 421, 429, 433, 439, 443, 447, 453, 465 AND 485
NORTHWEST 4TH STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Second item.
Commissioner Teele: Now, on the 106, I really wish we could work with them and provide them some
support for this. I don't know -- Mr. Martin, you've been around this process. Is there a way we could frame
the issue for the 106 to continue but at the same time, to indicate our willingness to support them in meeting
the 106 requirements?
Ms. Eaton: If I may? There is no action that is required on your part, at this time, regarding Section 106.
That only came into play, on your part, if YOU were to grant an approval tonight.
Commissioner Teele: Well, if I could...
Ms. Eaton: But the 106 will continue and we will expedite it.
Commissioner Teele: Mr. Chairman, if you would allow me, I would move that the Planning and
Community Development Department be instructed to work with the applicant and to maximize the
239 December 14, 1999
availability of eligible community development funds to preserve and to mitigate any historical impact that
may cost the development, with a view toward helping the project to move forward.
Commissioner Winton: Second.
' ice Chairman Gort: It's been moved and second. Any discussion? Being none, all in favor state by saying
vayeThe Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-967
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE
PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT TO
WORK WITH MIAMI RIVER PARK ASSOCIATES, LTD., DEVELOPER OF
PROPOSED HOUSING FOR LOW INCOME FAMILIES PROJECT AT
APPROXIMATELY 405, 411, 421, 433, 439, 443, 447, 453, 465 AND 485
N.W. 4 STREET, IN ORDER TO MAXIMIZE THE AVAILABILITY OF
ELIGIBLE COMMUNITY DEVELOPMENT FUNDS TO PRESERVE
HISTORICAL NATURE OF ABOVE CITED AREA AND TO MITIGATE
ANY COST ASSOCIATED WITH SAME, WITH A VIEW TOWARD
HELPING THE AFOREMENTIONED PROJECT MOVE FORWARD.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Item 12.
Mr. Maxwell: That also applies to his appeal, as well.
49..DENY SPECIAL EXCEPTION FOR PROPOSED HEALTH CLINIC AT 8-10 S.W.332 AVENUE
AND 15-17 S.W. 32 COURT ROAD [applicant: Independent Lab and Supply, Inc.]
Vice Chairman Gort: PZ-11. PZ-I 1.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-6. Oh, we're jumping? That was five only.
Vice Chairman Gort: That was five only?
240 December 14, 1999
Ms. Slazyk: I'm sorry.
Vice Chairman Gort: Yeah, I'm sorry. I was trying to get ahead, I guess.
Commissioner Regalado: It's ite►n 6, Mr. Chairman, now.
Vice Chairman Gort: item 6.
Ms. Slazyk: PZ-6 is a special exception, which requires City Commission approval to allow a health clinic at
8-10 Southwest 32"d Avenue and 15/17 Southwest 32"d Court Road. The Department is recommending
approval. It was, however, recommended for denial to the City Commission from the zoning board. The
department had worked with the applicant in this case to modify their original plans in order to improve the
vehicular layout and come up with additional parking. We feel that the revised plans are appropriate; they
meet all the codes; they don't require any variances, and we, therefore, recommend approval as applied for.
With the conditions, right. I'm sorry, with the conditions that are in your package. There are three
conditions: that the facility shall be limited to outpatients only, with no overnight stay; that they provide a
tree survey with a complete new landscape plan with specifications, and that the existing and proposed fagade
sign specifications and paint color samples be submitted for review and approval by the Planning Department
prior to the issuance of building permits.
Commissioner Sanchez: Yeah, but the Zoning Board recommended denial.
Ms. Slazyk: Yes.
Commissioner Sanchez: To deny to the City Commission, correct?
Ms. Slazyk: Yes.
Commissioner Sanchez: Eight to zero.
Ms. Slazyk: Yes. It's a recommendation.
Vice Chairman Gort: OK.
Ms. Vicky Garcia -Toledo: Good evening. Vicky Garcia -Toledo, with offices at 25 First Union Financial s Tt
Center. I'm here representing the applicant, Independent Lab and Supply, who is owned/holding by Mr. and
Mrs. Nelson and Norma Rasse. The subject matter of this application is this corner property right here, with "
32"d Avenue on one side, 32"d Avenue Road on the other, and fronting Flagler Street. And, basically, the
application before you is for a special exception for a health clinic. That is the definition in our Zoning Code. r
What this speaks to is an office that will be committed to have -- to see patients. Patients will be on site five
days a week. There will be one doctor there everyday, an internist, and there will be a couple of specialists
twice a week. The office is limited to rehabilitation/accident type follow-up. There is -- this use is a
permitted use in this R-3 zoning area. The location of the property, by having three public right-of-ways on
three sides, basically has lost all abilities to function as a residential point. The traffic is such, at that corner,
that you cannot really have a yard where children can play, et cetera. There's also been establish a pattern on
Flagler Street by the widening of Flagler that has seen and developed many of these previously residential
properties into commercial retro-fitting uses that are permitted within, again, the R-3. There was below and I did not -- I was not there and i did not represent these clients during the lower tribunal. There was
opposition from the neighbors. They are here. I would -- the Zoning Board. The lower tribunal, the Zoning
Board. And, so, I called the next -door neighbor frorn a number on a petition. I have spoken to them a couple
241 December 14, 1999
t
`
J
j
of times. I sent them a letter in and asked to meet. We feel that there's a lot of positive things that can be
done to mitigate any affect to the neighbors. We understand their concerns. They really have not wanted to
talk to us. I'd like to enter the letter that I sent them into the record. I've spoken to Mrs. Serrano a couple of
times and, so, what I would rather do, rather than take your time — and I know how short on time you are
today — is allow them to speak and try to address their issues here, since we haven't been able to meet with
them. But we still are open to meet with them.
Vice Chairman Gort: Thank you. Those in opposition.
Mr. Mike Buendia: Good evening. My name is Mike Buendia. I've been a resident of 85 Southwest 32nd
Avenue for the past 34 years. As the attorney said, she called Mrs. Serrano because she believe that Mrs.
Serrano is the one opposing, but she didn't mention that we sent a letter to the Zoning Board with 57
signatures strongly opposing the change of the zoning. The duplex that Mr. and Mrs. Rasse bought, they
bought it in October 5th, 1998 for the price of hundred and thirty thousand dollars ($130,000). That's the 810
Southwest 32nd Avenue, and they bought it in the name of Independent Lab and Supply, Inc. That
corporation was tiled three months before. They rent that duplex for five months to some -- we can call a
scum -- until one of them hang inside of the duplex. After that they closed the duplex. They never took care
of the duplex, all right, and it's been in very, very poor condition. I took a couple of pictures of the duplex
because the photos that they -- that you have in the City file, it doesn't show exactly how the — how they look,
they presently look. That I took yesterday, late at night. There is a copy of the letter with 57 signature. Out
of 85 letters that the City sent to the owners in a radius of 375 feet around the property. That means that we
are 67.5 percent of the neighbors opposing the build of the clinic. Mrs.-- Mr. and Mrs. Serrano owns a
duplex, and Mr. and Mrs. Rasse are Independent Lab and Supply owns the duplex next to it. These two
duplexes are R-3. Next to R-I zone, which is Auburndale. We got a problem there. Our problem there is
very heavy traffic on 32nd Avenue in the morning and after 2 o' clock in the afternoon, no parking at all. We
are all — or we can say 98 percent of the owners -- we are owners and resident. We're live in a very quiet
neighborhood and we want to keep it like that. If Mr. and Mrs. Rasse bought these duplex, trying to buy -- I
mean, in other words -- I'm sorry. Trying to convert in clinic, why didn't they bought it in a C-5 zone instead
of buying it in an R-3? All right. Now, you're talking about a clinic -- Attorney. To build a clinic...
Vice Chairman Gort: Excuse me, sir. Sir, you address the chair. Thank you.
Mr. Buendia: I'm sorry. The attorney is talking about a clinic. To build a clinic, you have to have a four
thousand volt transformer for X-ray and ultrasound equipment. So, you have to change the whole electricity
of the structure to do that. Number one. Number 2, they said that they only were going to have two
employees. You cannot run a clinic with two employees. Number 3, who is going to assure us that this is not
going to be a Baker Act clinic, where you take all the scums, all the drug attic, all the bums, all the people the
police cannot control? That you put it there and you let go at night. We want to keep it like that. We want to
live like we've been living for so many years, all right. If they want to build a clinic, they can do it some
place else. Now, the plats that you got there is wrong. Thirty -Second Coral Road has got a median and you
only got two or three parking spaces. Southwest 1st Street, you've got hvo or three parking spaces; 32nd
Avenue you've got zero parking spaces. After they repave the avenue, 32nd Avenue, and they paint it, they
never paint the parking space. I lost my parking space and he lost his parking space in front of his house.
And that's it. I want to be very brief.
Commissioner Regalado: Mr. Chainnan?
Vice Chairman Gort: Yes, sir.
242 December 14, 1999
Mr. Buendia: I would like to add, at the beginning, at 2 o'clock in the afternoon, we were 21
now. people here but
they had to leave. Only Mr. Freixas, my next -door neighbor, Mr. Mrs. Serrano, and her mother are here right
Vice Chairman Gort: Thank you, sir.
Mr. Jose Freixas: And I'd like to take ...because of the time. i live there 35 years.
Vice Chairman Gort: Your name and address, please, sir?
Mr. Freixas: My name Jose Freixas. Pepe Freixas. My address is 21 Southwest 32nd Avenue. You know, in
the front of my house I have two signs. It say "no parking." The Miami -Dade County put the sign "no
parking." I live there 35 years. It's a very quiet, you know. In the corner we have a light. The light is very
difficult in the morning you see many; many cars go toward there. I think clinic is not good for there. OK.
Vice Chairman Gort: Thank you, sir. OK. Anyone else? Anyone else? OK. Thank you. You've got a few
minutes for rebuttal.
Ms. Garcia -Toledo: Yes. First of all, you heard that there was no parking. I would like to show you that —
the plans, as revised — as required by staff, have 14 parking spaces in this area. As you also heard, those
duplexes were rented. Someone committed suicide in them. They kept trying to rent them. No one would
rent them. And even the other duplex, the people in the other duplex, left as a result. You also heard
correctly. This is R-3 next to R-l. There are CBS block walls that can be built; there is landscaping
buffering. There are all sorts of mitigations in order to have that transition from the R-3 in the non-residential
characteristics on Flagler from the rest of the neighborhood. Appropriately prepared, this can serve as a
buffer for the .noise and the traffic to the residential area. We feel that there is benefit from sitting down and
talking about those possibilities. Also, as I told you, this is not a walk-in clinic; this is by appointment only;
it's referral for individuals who are being treated as a result of traffic or on -the job accidents, so it's a
therapeutic type situation. There is no surgery on site. There is no abortion clinic. It's not for mental health,
like it's been said throughout the neighborhood. I would also take this opportunity to put on the record a list
of 74 neighbors who have signed in support of this application from the neighborhood, and also a list of
patients of nearby clinics, who are not close enough and would like to have this service closer to their home.
I would also like to tell you that in this R-3 corridor that we have seen in the previous maps —there are over
50 businesses in this corridor existing and previously approved by special exceptions or other per of the
City of Miami. We would ask you to please approve this application, and if you're not inclined to approve
the application, give us the opportunity to go back and try to meet with the neighbors and see if we can find
some consensus, since we have not been able to have any communication with them.
Vice Chairman Gort: OK. Thank you. I'll now close the public hearings. Comments from our board
members.
Commissioner Regalado: Yes. This is district four. What we have here is the same scenario that we have on
38`h Court and Flagler. It's a medium and there is a clinic in Flagler and 38, and the problem with the parking,
Vicky, is really a problem, a problem that cannot be resolved. So, nobody is against a clinic. They all
contribute to the quality of life, but the parking is a problem that cannot and will not be resolved. So that --
Mr. Chairman, I move to deny this special exception.
Commissioner Winton: Second.
Vice Chairman Gort: There's a motion to deny and it's been second. Any discussion? Being none, all in
favor state by saying "aye."
243 December 14, 1999
W
The Commission (Collectively): "Aye."
Vice Chairman Gott: Unanimous. Thank you.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO.99-968
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING
BOARD THEREBY DENYING A SPECIAL EXCEPTION FROM
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO ALLOW A HEALTH CLINIC FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 8-10
SOUTHWEST 32 ND AVENUE AND 15-17 SOUTHWEST 32111)
COURT ROAD, MIAMI, FLORIDA, AS MORE PARTICULARLY
LEGALLY DESCRIBED ON "EXHIBIT A" AND "EXHIBIT B,"
ATTACHED HERETO AND MADE A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
ou �,PPROVE SPECIAL. EXCEPTION TO ALLOW. DRIVE -THROUGH FACILITY.,. FOR
FIlVAhTCIAL INSTITUTION AND TO REDUCE NUMBER OF RESERVOIR SPACES AT 5800 N.W.
7 AVENUE [applicant: Washington Mutual Bank]
Vice Chairman Gort: Item 7, 5800 Northwest 70' Avenue.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): This is a special exception, also requiring City
Commission approval, to reduce the number of reservoir spaces in a drive through bank. This one we
recommend approval. Let me explain real quick. Years and years ago, before automated banking, ATM
banking, we required a great deal of reservoir spaces. The way banking works now, the nature of it has
changed and the drive throughs don't really require the kind of reservoir spaces that the City of Miami
requires. Other codes around the country have been modified already to reduce those reservoirs. We're
looking into other codes right now and we are planning an amendment to our code to reduce it because 10
244 December 14, 1999
reservoir spaces and eight spaces are kind of excessive, given the way banking is done nowadays. So, we
recommend approval as presented.
Ms. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm
here today on behalf of Washington Mutual Bank. With me here today is Mr. Chris Lawrence, who is the
project manager, as well as Bob Winch, who is the architect.
Commissioner Teele: Is there opposition?
Commissioner Sanchez: Is there any opposition?
Vice Chairman Gort: None.
Commissioner Teele: Great presentation. I move the item.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved. Is there a second? Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-969
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AFFIRMING THE DECISION OF THE ZONING
BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO ALLOW A DRIVE-THRU FACILITY FOR A
FINANCIAL INSTITUTION AND TO REDUCE THE NUMBER OF
RESERVOIR SPACES AS FOLLOWS: FIRST WINDOW —FOUR
SPACES PROPOSED (TEN SPACES REQUIRED), SECOND
WINDOW —FIVE SPACES PROPOSED (EIGHT SPACES
REQUIRED), THIRD AND FOURTH WINDOWS —REQUIRED
RESERVOIR SPACES PROVIDED, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 5800 NORTHWEST 7TH
AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE
AND SUBJECT TO A TIME LIMITATION OF TWELVE (12)
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
245 December 14, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Sanchez: I think Mariano is in opposition.
Ms. Pardo: Thank you very much.
51:, CHANGE LAND 'USE DESIGNATION - AMEND 10544, THE COMPREHENSIVE
NEIGHBORHOOD.PLAN 15.15 1545, 1605, 1615 AND 1625 N.W. 7 STREET FROM OFFICE TO
RESTRTCTED`COMMERCIAL [applicant: Ashton Ventures Two, LLC]
Vice Chairman Gort: PZ-8.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ 8 and 9 are companion land use and zoning
changes. These are second reading. The City Commission passed this on first reading on November 16.
The department recommends approval, and it was recommended for approval by both the Zoning Board and
the Planning Advisory Board.
Mr. Bob De La Fuente: Good evening. My name is Bob De La Fuente, with offices at 201 South Biscayne
Boulevard. I'm here on behalf of the applicant, Ashton Ventures Two, LLC.We're here with
recommendations for approval from the Planning and Zoning Department, as well as unanimous
recommendation of approval from the Planning Advisory Board, as well as the Zoning Board. We're here to
ask for a redesignation of the property from office to restricted commercial. It directly abuts a parcel of
property directly to the west that is already zoned.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Is there a second? Is anyone in opposition to this item?
Commissioner Winton: Second.
Vice Chairman Gort: Being none, all in favor state by say "aye."
Mr. Joel Maxwell (Assistant City Attorney): This is an ordinance, Mr. Chairman.
Vice Chairman Gort: It's an ordinance?
Commissioner Sanchez: Yeah, it's an ordinance.
246
t
December 14, 1999
q C�
Vice Chairman Gort: I'm sorry. Go ahead, read it. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES
LOCATED AT APPROXIMATELY 1515, 1545, 1605, 1615 AND 1625
NORTHWEST 7' STREET, MIAMI, FLORIDA, FROM OFFICES OF
RESTRICTED COMMERCIAL; MAKING FINDINGS, DIRECTING
TRANSMITTAL TO EFFECT THE AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Winton, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Said Ordinance was designated Ordinance No. 11874
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
52. ,S) COND READING ORDNANCE CHANGE ZONING — AMEND 11000 - 1515 1545, 16051
1615 AND 1625 N.W. 7 STREET FROM O OFFICE TO C-1 RESTRICTED COMMMRCIAL [applicant
-Ashton Ventures Two, LLC]
Commissioner Sanchez: Is there a companion item with this one?
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): Number 9 is a companion.
Mr. Joel Maxwell (Assistant City Attorney): Yes.
Vice Chairman Gort: Number 9 is a companion item.
Commissioner Sanchez: Also move.
Commissioner Winton: Second.
247 December 14, 1999
Vice Chairman Gort: It's been moved and second. Is there any further discussion? Read it. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE 24
OF THE ZONING ATLAS, ORDINANCE NUMBER 11000, AS AMENDED,
ZONING ORDINANCE TO THE CITY OF MIAMI, FLORIDA, ARTICLE
IV/SECTION 401, SCHEDULE OF DISTRICT REGULATIONS BY CHANGING
THE ZONING CLASSIFICATION FROM O-OFFICE TO C-1 RESTRICTED
COMMERCIAL FOR PROPERTIES LOCATED AT APPROXIMATELY 1515,
1545, 1605, 1615 AND 1625 NORTHWEST 7TH STREET; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded
by Commissioner Winton, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Said Ordinance was designated Ordinance No. 11875.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Gort: Thank you.
53 FIRST READING ,ORDINANCE: AMEND. 10544, THE COMPREHENSIVE NEIGHBORHOOD
PLAN,: CHANGE LANB USE DESIGNATION AT 724 N.W. 14 STREET FROM DUPLEX'
RE$iDEi+1TIAI, TO; GENERAL COMMERCIAL [applicant Miami Tele-Communications, Inc.]
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-10 and 1 I are also companion items. These
are first readings for zoning and land use change for 724 Northwest 14th Street from duplex residential to
general commercial. These were recommended for approval by the Planning Board and Zoning Board and
recommended for denial by the Planning Department.
Commissioner Sanchez: Any opposition?
Commissioner Teele: The Planning Department recommended what?
248 December 14, 1999
Vice Chairman Gort: Denial.
Ms. Slazyk: We recommend denial because of the fact that —the purpose for the zoning change here was for
TCI (Telecommunications, Inc.) to provide a driveway entrance into the rear of the property so they could use
it for surface parking. There is another way to do it without the zoning change and this represents a
commercial intrusion into a residential area, so we had...
Commissioner Sanchez: Didn't we visit this before?
Vice Chairman Gort: No.
Ms. Slazyk: Visited, no.
Commissioner Sanchez: Or we voted on it?
Ms. Slazyk: Not before the Commission. I believe, when you were working in the planning and zoning
department that one -day this came up...
Commissioner Sanchez: That's why it caught my eye.
Ms. Slazyk: ... this came up at the ACM (Assistant City Manager) meeting or something, but it has not been
before the Commission. So, the request is to go from duplex residential to general commercial. It's a portion
of one lot and, again, the purpose is for a driveway, but we feel that it's breaking the line of residential and
commercial. If you look at the maps in your package, you'll see what we mean. It's a pretty straightforward
line.
Vice Chairman Gort: Right.
Ms. Slazyk: And this would put a little bump in it to allow them to have a driveway when there's another
way to do it, but...
Vice Chairman Gort: And you're saying that can be done without a change in zoning?
Ms. Slazyk: That can be done without a change of zoning by going through Northwest
front of the property, 7th Avenue in the
Commissioner Teele: And they won't agree to that?
Ms. Slazyk: This is a cheaper way to do it, maybe. I don't know. No.
Mr. David Lederman: No, I...
Commissioner Sanchez: You won't agree to that?
Vice Chairman Gort: Your name and address.
Mr. Lederman: If you'll give me a couple of minutes, I think I'll explain all the issues.
Commissioner Sanchez: Go ahead.
Vice Chairman Gort: Go right ahead. You've got a couple of minutes.
249 December 14, 1999
Mr. Lederman: Pardon me?
Vice Chairman Gort: Go ahead. You've got a couple of minutes.
Mr. Ledenman: OK. I would say good afternoon, since I've been here since two, but i'll say good evening
honorable Commissioners.
Commissioner Sanchez: We've been here since nine.
Mr. Lederman: Have you. I was up at six for another hearing, so we're all in the same boat. My name is
David Lederman, with the law firm of Shutz and Bowen. Law office is located at 201 South Biscayne
Boulevard, Miami. I'm here today representing TO of Miami, the owner of the subject property. I would
like to briefly address the planning department's recommendation for denial, explaining to you why approval
of this rezoning and amendment will preserve and enhance the general appearance and character of the
neighborhood, and result in deminimus encroachment into residential areas. The property is located along
Northwest 140' Street, which is — see if my aerial is right — which is kind of hard to see on this aerial --
between a City of Miami 10 foot wide alleyway and Northwest 7th Court; sandwiched between TCI's
existing office buildings, and a residential area to the west of the properties. The property is zoned R-2 with
an SD-12 overlay district, a special buffer overlay district. As you know, section 612 of the City zoning code
states that the SD-12 overlay district is intended to create buffer areas between residential and non residential
districts, where a residential lot shares a common lot line with certain commercial lots or is separated by an
intervening alley as is our property. Such residential lots are eligible for SD-12 classification. Buffer overlay
districts may be developed as parking lots in combination with adjoining commercial office and industrial
lots to allow greater flexibility in development of land. To comply with the SD-12 overlays requirement to
construct a parking lot, TCI will be providing the following: there will be no vehicular access to or from the
residential area; a twenty foot landscaping buffer will be provided between the proposed parking lot and the
residential areas to the west; a minimum six foot high wall will be constructed twenty feet from the front
property line and five feet from the side property lines; no unenclosed storage of trash or garbage shall be
permitted on the residential lot; we've prepared and executed a covenant to ensure this Commission that the
property will be used in this manner. The City's attorney, Yamile Trehy has already reviewed and approved
the covenant's language and we will proffer this covenant following an approval this evening. We're here
today to request a rezoning and small scale amendment to the City's Miami Comprehensive Neighborhood
Plan, namely, a request to change the property zoning from R-2 and SD-12 overlay to C-2, and to change the
comprehensive neighborhood plan designation from duplex residential to general commercial. Since the
current zoning and land use designation excludes access to commercial uses, these requests for this small
parcel — and I want you to be clear on what parcel we're talking about. It's 46 feet by 50 feet, shown in
yellow. The rest of this would be the proposed parking lot that's already owned by TCI, and is the subject of
the SD-12 overlay district, which encourages...
Commissioner Teele: Where is the yellow?
Mr. Lederman: Yellow is right here, sir.
Commissioner Teele: Are you serious?
Commissioner Winton: I don't see any yellow.
Commissioner Teele: I can't see any...
Vice Chairman Gort: It's right there.
250 December 14, 1999
Mr. Lederman: Can anyone -- all right.
Commissioner Teele: No, no.
Mr. Lederman: Would you like me to bring it down?
Commissioner Teele: No, just point at it.
Commissioner Regalado: It's there?
Mr. Lederman: It's located right here on Northwest l4th Street. This is your 10-foot alleyway. That's public
alleyway. And, in essence, what this would do is provide access only into the property, which is walled and
landscaped, and then back out along l4th Street. And the concern is obvious, is to prevent traffic from
flowing into and out of the residential areas to the west, OK? While the current residential designation
duplex residential permits a maximum 18 dwelling units per acre on this tiny small parcel, the parcel size,
coupled with setback restrictions, effectively prohibit any residential or commercial development on the
parcel, and if you'd like me to go into detail, I have gone through Section 22-10 of your Zoning Code, and
the 17 different criteria, which we meet for our rezoning application. I know it's late, but if you'd like me to
go through the reasons why we need that, I would...
Commissioner Teele: The 17 reasons why?
Mr. Lederman: Well, that's what your Code -- I can be quick.
Vice Chairman Gort: No.
Mr. Lederman: OK.
Vice Chairman Gort: Stop. It's in my district and part of your district. And you know l4th Street very well.
Commissioner Sanchez: Need a motion.
Vice Chairman Gort: I would like — we have people in opposition, come on forward.
Ms. Anne Manning: Anne Manning. I'm the executive director of Habitat for Humanity of Greater Miami.
I reside at 2641 Southwest 30`h Court.
Commissioner Sanchez: Ma'am, you have two minutes.
Commissioner Teele: Say your name...
Ms. Manning: Habitat has been building in this neighborhood at Highland Park for the last couple of years,
single family detached homes. We have 12 homes built. We own seven more properties. We have two
properties under contract to purchase across the street from this for the TCI property. We concur with the
recommendation of the staff, that this not be granted, just in keeping with the Miami Comprehensive
Neighborhood Plan that we should protect our residential areas from encroachment, and that we should
enhance the general appearance. We need to save our residential neighborhoods. There are other ways to do
it. You already are in this SD-12. You're not complying now. There is no landscape buffer, which should be
there. You're already using the residential side to come in and out, so you're already not abiding by the
SD-12 overlay buffer. So, we would ask you that you would not concur and not grant them this request.
251 December 14, 1999
f
� 6
&::1 `Y t"4Se rrti
Mr. Lederman: Am I given a...
Vice Chairman Gort: OK. Thank you. Excuse me.
Commissioner Sanchez: Thank you, ma'am. You have two minutes of rebuttal.
Mr. Lederman: I can't complete my presentation, at all, is what you're telling me.
Commissioner Sanchez: Well, you've got two minutes.
Mr. Lederman: OK. What I will tell you is this...
Commissioner Sanchez: Hey, here you learn one thing: you know, the least you talk, the better you'll do.
Mr. Lederman: OK. Well, you know what? I'll take some advice then. How about that? I have — why don't
I just summarize because I think I can address a number of these issues. OK. In terms of encroachment of --
the commercial encroachment into the residential area, I have exhibits that I could provide you with, that are
your own microfilm records, that show that this piece of property, sixty years ago, was used as a mixed
commercial residential use, and arguably, what we're proposing, which is we are not proposing to rezone any
of this property. All we're doing is proposing to rezone this 46 by 50 foot piece of property, and change the
comp plan designation so we can have access to a parking lot, which is promoted in the SD-12 overlay
districts. There are 53 of them throughout the City of Miami. I know. I've counted them, and I've marked
them on a map. This is what the intent of an SD-12 overlay district is. It's to provide a buffer between
commercial uses and residential uses. I personally believe this landscaping will help, as this lady mentioned.
It's a dirt lot. You have access going — ad hoc access going in and out throughout the residential area. This
will clean up the area. The area — and I have photographs of the area. There are abandoned crack homes;
there are roosters running around wild in the area; garbage in the streets. We believe this would act as a
catalyst.
Commissioner Teele: What's wrong with roosters?
Vice Chairman Gort: You have them on Brickell Avenue now, also. OK.
Mr. Lederman: What's that?
Vice Chairman Gort: You even have it on Brickell Avenue.
Mr. Lederman: Well, anyhow. My point is, that I think that what we're proposing is 46 foot — when we talk
about intrusion into a residential area, this is protected. This is owned by separate ownership, this 76 feet of
this lot. You would see any other application for a rezoning or comp plan change that may intrude further.
We're not asking to do that. We believe we're protecting the integrity of the residential area, with minimal
impacts of vehicular traffic throughout the area, and I could address the alternative access because I think it's
a bad idea, and I can give you a lot of reasons why. If you'll give me the minute, I'll tell you.
Commissioner Sanchez: Thank you, sir. Any Commissioner wishes to address the issue?
Commissioner Teele: Mr. Chairman, I would like to know one thing. Why can't we do exactly what you're
recommending in the way that he's proposing to do it?
252 December 14, 1999
EN,
C>
Ms. Slazyk: Well, the S -- right now that little 46 by 50 piece he keeps referring to has residential zoning
with the SD-12 overlay.
Vice Chairman Gort: Lourdes, let me ask you a question. My understanding is, what we're talking about is
46 by 50?
Ms. Slazyk: Yes.
Vice Chairman Gort: Am I correct?
Ms. Slazyk: Yes.
Vice Chairman Gort: Can anything be built there? Can you build residences in there?
Mr. Lederman: I can -- can I...
Vice Chairman Gort: Excuse me. I'm not asking you, OK?
Mr. Lederman: All right. I'll help if you need me.
Vice Chairman Gort: I'm not asking you.
Ms. Slazyk: It wouldn't — it probably would not meet setbacks, which means it would have to come in for
variance. It would be difficult to apply setbacks to that.
Vice Chairman Gort: So, let's be realistic, OK?
Ms. Slazyk: By itself. By itself.
Vice Chairman Gort: By itself it cannot be built?
Ms. Slazyk: Right.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: Mr. Chairman?
Commissioner Sanchez: Commissioner...
Vice Chairman Gort: Answer his question. I'm sorry.
Commissioner Teele: Mr. Chairman?
Commissioner Sanchez: Commissioner Teele, you're recognized.
Commissioner Teele: Just, please, Lourdes, answer my question. Wiry can't we allow them to enter from 14
Street, the same way they're saying now, as opposed to 7th Avenue or 7°i Court, with the kind of zoning that
you're recommending?
Ms. Slazyk: Well, the residential zoning doesn't allow access through or to commercial parking. That's why.
He needs the zoning change to do that.
253 December 14, 1999
N
Commissioner Teele: Is there any way we can provide him with an easement or a variance or any...
Ms. Slazyk: No.
Commissioner Teele: There is no way we can do this, other than the way they're proposing?
Ms. Slazyk: Other than the zoning change.
Commissioner Teele: And I have to support it because, again, it doesn't make sense to have a piece of
property that the property owner can't use. I mean, that's not good — that's nonsensical. I mean, we all agree
that this — that if we were to say, you can only use this for residential, it would have no use, essentially. It's
too small to build on, apparently, or it's certainly so close to the other commercial activity — and what he's
proposing with the walling and basically providing a buffer on 71h Court, it just seems to me to be — if you
can't provide us with another legislative or administrative remedy, that's the only logical thing that we can do
at this point, as much as I'd like to support...
Ms. Slazyk: Yeah. The fear of the department is more a domino affect thing. If there is another way to
access this lot off of 70, that's the preferable way to do it. Because if this change is granted, then that little
piece that is left out in white, nothing is going to stop them from coming in and asking for a zoning change.
Commissioner Teele: But, Lourdes, let's be fair. Seventh Avenue...
Ms. Lourdes: I understand.
Commissioner Teele: ...is a major north/south corridor. More and more as 95 gets clogged, people are using
7th Avenue right now from downtown to go all the way out to 15151, if you haven't figured that out yet. The
last thing we're going to want to have people doing is turning into a TCI — you know, they are frustrated
anyway. At least I'm frustrated when I go and pay my bills there — is to have people turning off of 70,
Avenue. If you could — the worst thing, apparently, would be to have them coming through 7'h Court, and
that just directly intrudes upon the neighborhood. The only place logically, from a safety point of view,
would be 14'h Street. I don't want to do -- because I don't want to offend the homeowner, but I don't think
we have a choice if the staff can't provide us with some kind of..
Ms. Slazyk: Right.
Vice Chairman Gort: Ready for a motion.
Ms. Slazyk: Perhaps, let me try and perhaps offer a solution. One of the things -- we've done this before on
the zoning change. Perhaps, if they were to leave a one -foot strip off of that edge, that would prevent the
domino effect...
Vice Chairman Gort: That was going to be part of my motion.
Ms. Slazyk: ...then it's not as objectionable.
Commissioner Sanchez: OK.
Vice Chairman Gort: Why don't you read my motion?
Commissioner Sanchez: Mr. Winton, you have the floor.
254 December 14, 1999
Commissioner Teele: Would you agree to that?
Commissioner Winton: I think that idea is a great one, and I want to come back to the point about the
landscaping and walling that should have been done through the SD-6...
Ms. Slazyk: SD-12.
Commissioner Winton: SD-12 overlay, and I guess I'm curious as to wily that hasn't been done before, and
it certainly makes me, as a Commissioner — and, by the way, philosophically, I am across the board opposed
to any intrusion into residential neighborhoods. Now, this is a reasonable exception, and there's exceptions
to every rule that makes some sense. But, by and large, I'm opposed to it. But I am very curious as to why —
and forget about the question. I want to make sure that we have in this resolution an iron clad process that
penalizes the heck out of TCI if they don't get the landscaping done to a plan that we approve and that wall
done to a plan that we approve, and keep it maintained.
Ms. Slazyk: Once they get the zoning and land use change, they have to come in and apply for a special
exception in order to implement that plan. That's when we'll put the conditions on them.
Commissioner Winton: Great.
Commissioner Sanchez: OK. Is there a motion?
Vice Chairman Gort: Yes, sir. Before I make the motion, my understanding is, the covenant has been filed
with the Law Department?
Mr. Joel Maxwell (Assistant City Attorney): Yes, sir, that correct. That applies actually to PZ-11, not this
one.
Vice Chairman Gort: OK.
Mr. Maxwell: It applies to the companion item.
Commissioner Sanchez: Moved by Commissioner Gort.
Vice Chairman Gort: Move it.
Commissioner Sanchez: Is there a second?
Commissioner Teele: I'll second it, but I want to understand...
Commissioner Sanchez: Second by Commissioner Teele. Open for discussion.
Commissioner Teele: Can we...
Vice Chairman Gort: Wait a minute. The motion is the one -foot will be maintained...
Ms. Slazyk: On PZ-11.
Vice Chairman Gort: That's on PZ-11?
255 December 14, 1999
iwv
Ms. Slazyk: Yes.
Vice Chairman Gort: OK.
Commissioner Sanchez: That will be PZ-11. We're on PZ-10.
Commissioner Teele: But the intent will be to preserve the homeowners concern that there will be a buffer
that will be a non commercial strip that will continue residential, so you won't get the domino effect.
Vice Chainnan Gort: That's correct.
Ms. Slazyk: Right. No, not on the comp. plan.
Commissioner Teele: That would be the intent of your motion.
Vice Chairman Gort: That would be the motion.
Commissioner Teele: Well, I second the motion. And I just agree with Commissioner Winton. You know, I
just can't understand how we keep patting ourselves on the back about the NET offices and the way we're
enforcing it, and that places looks — you know, I don't see why you all are complaining about the roosters.
They look like they belong right there on that property that you all have. It is —it really is a disgrace. That
parking lot is a rut -- rooted dirt road...
Mr. Lederman: It's dirt. There you go.
Commissioner Teele: Absolutely dirt. I mean...
Mr. Lederman: I haven't found a rooster on there.
Vice Chairman Gort: Excuse me, sir. Come on. Guys, we've got...
Commissioner Sanchez: All right. Listen there is a motion. There is a second. It's open for discussion.
Hearing none, it's an ordinance. Roll call. Read the ordinance. Mr. City Clerk, roll call, please.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING LAND USE DESIGNATION OF THE PROPERTY
LOCATED AT APPROXIMATELY 724 NORTHWEST 14" STREET, MIAMI,
FLORIDA, FROM DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
256 December 14, 1999
was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
t4 F,IRST . AD G;ORDINANCE: AMtND 11000 - CHANCE ZONING -`724 N.W. 14 STR1rET
FRO1Vi R 2 'TVJO FAI'M. ,RESIDENTIAL AND SD-12 BUFFER OVERLAY DISTRICT TO C-2
iIBERAL.COMIyIERCIAL applicant: Miami Tele-Communications, Inc.]
Commissioner Sanchez: There's a companion item, PZ-11. And I'll turn over the gavel...
Vice Chairman Gort: PZ-I I moved with the conditions that one — no. I've still got to make a motion.
Commissioner Sanchez: OK.
Vice Chairman Gort: I move with the condition that one foot be maintained residential.
Commissioner Teele: So second the motion.
Commissioner Sanchez: PZ, item moved by Gort. Seconded by Mr. Teele. Open for discussion. Hearing
none, all in...
Commissioner Teele: Mr. Chairman, with one other amendment, that the landscaping plan be separately
approved by the department, and I'm asking the department to make sure that that landscaping plan is
something that will be and enhancement to the neighborhood, not something that barely meets the Code.
Ms. Lourdes Slazyk (Planning, Assistant Director): Yeah, that has to be done as part of their Special
Exception, which they can't apply for until they get this change. It'll be done, I promise. It'll be done in a
separate process.
Commissioner Sanchez: With the friendly amendment. There's a first. There's a second. Open for
discussion. Hearing none, read the ordinance. Ordinance read. Mr. City Clerk, roll call.
257 December 14, 1999
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE 24
OF THE ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, ZONING
ORDINANCE, THE CITY OF MIAMI, FLORIDA, ARTICLE IV/SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS; BY CHANGING THE ZONING
CLASSIFICATION FROM R-2 TO FAMILY RESIDENTIAL AND SD-12
BUFFER OVERLAY DISTRICT TO C-2, LIBERAL COMMERCIAL DISTRICT
FOR THE PROPERTY LOCATED AT APPROXIMATELY 724 NORTHWEST
14T" STREET, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Commissioner Teele: Mr. Chairman...
Commissioner Sanchez: Pass the gavel over.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: Before Mr. Lederman leaves, with a name like David Lederman, I would like to say
you did a good job, but, please, it's late. There's an old Flip Wilson story that he tells about Ms. Rudolph and
this guy going to see Ms. Rudolph and he's complaining about a monkey that she's got, and lie wants to say
get rid of this monkey and Ms. Rudolph says, "Listen, don't you wom, about that monkey. The monkey
lives here." So, my view about those roosters, don't worry about those roosters. They live there.
Mr. Lederman: Thank you all very much.
55. CONTINUE CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO CHANGE
FUTURE LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN ORDINANCE
10544 AT 3163 3165, 3171, 3175 AND 3179 S.W.22 TERRACE FROM DUPLEX RESIDENTIAL TO
RESTRICTED COMMERCIAL [applicant: BAP Development, Inc.]
258 December 14, 1999
Vice Chairman Gort: PZ-12.
Commissioner Regalado: Mr. Chairman, I was talking to the staff in Planning and I don't want to move to
deny. This is in district four. But I received some information or complaints from residents and this change
of-- drastic change from residential to commercial. 1 would like to defer this for the next meeting in January.
Vice Chairman Gort: There's a motion to continue.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning Dept.): Date certain of January 27`h?
Commissioner Regalado: Yes.
Vice Chairman Gort: OK. There's a motion to continue.
Vice Chairman Gort: Is there a second?
Commissioner Winton: Second,
Vice Chairman Gort: All in favor state by saying "aye."
Commissioner Sanchez: One nay.
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-970
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-
12 (PROPOSED FIRST READING ORDINANCE TO CHANGE FUTURE
LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
PLAN ORDINANCE 10544 AT 3163, 3165, 3171, 3175 AND 3179 S.W. 22
TERRACE FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL) TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR JANUARY 27, 2000.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: Commissioner Joe Sanchez.
ABSENT: None.
Ms. Vicky Garcia -Toledo: Commissioner, would you let us know the names of those individuals that have
concerns, because we've had three meetings with the neighborhood.
259 December 14, 1999
Commissioner Regalado: I will.
Ms. Garcia -Toledo: So, we'd like to certainly communicate with them.
Commissioner Regalado: I'll give it tomorrow.
PONTIN1UI ONSITJERA'FION OF PROPOSED FIRST READING ORDINANCE TO AtvIEND
b�b1NANCE:11000:'t`O C�-IANCrE 'ITS ZOrdING, CI;ASSIFICA`TION A`T` 3163, 3165, 3171, 31'�5
�17� SSW°: �� �'ERRA.�E,FIZOM R� 'fWO�FAMILY. itESIbEN'I`IAL 7'O C-1 RESTRICTED':
��D1vI1VlERCIAI [�pp�icantr 8AP Oeveiopm�nt, Ipb,]
Ms. Slazyk: PZ-13 is a companion item.
Vice Chairman Gort: So moved to continue by Regalado, seconded by Winton. All in favor state by saying
"aye °'
The Commission (Collectively): Aye:
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-971
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-13 (PROPOSED FIRST READING ORDINANCE TO AMEND
ORDINANCE 11000 TO CHANGE THE ZONING CLASSIFICATION
AT 3163, 3165, 3171, 3175 AND 3179 S.W. 22 TERRACE FROM R-2
TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL) TO THE COMMISSION MEETING CURRENTLY
SCHEDULED FOR JANUARY 27, 2000.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
NAYS: None.
ABSENT: None
.57. CONTINUE CONSIDERATION OF PROPOSED SECOND READING ORDINANCE TO AMEND
ORDINANCE I1000 TO ADD SD-12 BUFFER OVERLAY DISTRICT FOR PROPERTY AT 2725,
2731 AND 2733 N.W. 6 STREET IN ORDER TO FACILITATE PARKING [Applicant: Luis Chi for
Fortune of the Chi, Inc,]
Vice Chairman Gort: PZ-14.
260 December 14, 1999
Ms. Lourdes Slazyk (Assistant Director, Planning and Zoning Dept.): PZ-14 is a second reading for -- to add
SD-12 Buffer Overlay to the properties at 2725, 2731 and 2733 Northwest 6th Street. This was
recommended for approval to the City Commission and passed by the City Commission on first reading
November 16. The Department recommends approval. This is the one where there was some discussion
about an alley closure.
Commissioner Sanchez: No. Well, yeah.
Commissioner Regalado: Who's chairing this?
Commissioner Sanchez: If I could -- the Vice Chair is gone, so I'll -- you could take the gavel.
Commissioner Regalado: No, you can take it. I've got to make...
Commissioner Sanchez: All right. I've got the gavel. You're recognized.
Commissioner Regalado: OK. This is District 4 and this was approved, five to zero, by the City
Commission. We have here -- and I've got a copy of a letter by acting director of Public Works, John
Jackson, on the Traffic Study and, so, I move to approve the SD- l 2 as discussed in the past meeting.
Commissioner Sanchez: OK. There's motion to approve it. Is there a second? Mr. Winton, would you
second the motion?
Commissioner Winton: Yes. What did I just -- sorry?
Commissioner Regalado: It's a second reading ordinance.
Commissioner Winton: So, I'm approving -- what was the motion?
Mr. Joel Maxwell (Assistant City Attorney): It's Item 14.
Commissioner Regalado: It's Item 14, PZ-14. It's an SD-12 Buffer...
Ms. Slazyk: It's to add SD-12.
Commissioner Winton: And you're moving for approval or denial?
Commissioner Regalado: Yes. Approval.
Commissioner Winton: Second.
Commissioner Sanchez: To amend ordinance number "x" in order to add SD-12 Buffer Overlay District.
Mr. Luciano Isla: Only one thing, Mr. Chairman, if I may? Luciano Isla, Attorney at Law, 1790 West 49th
Street, Suite 300, Hialeah, Florida. For the record, the transcript of the November 16, '99 meeting, whereby
the Commission approved this matter and the letters that you have into the record. Thank you very much.
Commissioner Sanchez: There's a first and a second. Is there any opposition on this item?
Mr. Joel Maxwell (Assistant City Manager): Yes, sir.
261 December 14, 1999
Commissioner Sanchez: There is opposition. So, I think that we should have given the gentleman the
opportunity to speak. Sir, you have the mike.
Mr. Isla: May reserve on minute for rebuttal, then?
Commissioner Sanchez: Yes, sir. You have two minutes, sir.
Mr. Henk Tentscher: Good evening, Commissioners.
Commissioner Sanchez: Good evening, sir.
Mr. Tentscher: My name is Henk Tentscher, for the record. I live at 15760 Southwest 150th Avenue. I
speak in behalf of my father-in-law, Mr. Raul Gonza. He asked me to talk to you about, first of all, the
problem that we have with this whole thing, is that by allowing this to happen here, we're taking away --
parking spaces away from the existing property, that is also owned by Mr. Chi. We will end up with the
existing property, approximately 20,000 square feet and 24 parking spaces. The only entrance and exit will
be to 7th Street, a major thoroughfare. If you look at any given time, you will see that cars that have to go in
and out of that traffic will be held because the traffic light is right on the corner. Also, the -- because the
letter from the traffic studies says that they will prefer, if anything has to happen with the traffic flow, they
will prefer to close this alleyway than anything happening to 6th Street, because of emergency vehicle access.
So, that will be a problem too. Because that means all traffic would have to go in through 7th Street. I did my
own little traffic study and the — on Saturday afternoon, at 4:30; it was a total of 30 cars in this parking lot.
There was 24 here and there was more in the existing parking lot, which is now being made into a building.
Where are these cars going to go once you approve this? I cannot say anything else, but at the last meeting,
Mr. Teele said that — well, that Mr. Isla did a great job, but I can only bring grassroots and some neighbors.
All we have is neighbors to bring. We cannot afford the expense of BMW (Bavarian Motor Works) lawyers.
Commissioner Sanchez: Sir, I understand.
Vice Chairman Gort: I'm back.
Commissioner Sanchez: Sir, you have one minute of rebuttal.
Mr. Isla: Thank you, Mr. Chairman. I drive a Toyota. I've had the opportunity, since our last meeting...
Vice Chairman Gort: Excuse me. What was that?
Mr. Isla: Well, the last speaker, Mr. Chairman, said that they could not afford BMW lawyers, so I drive a
Toyota. It's also known as Hialeah Chevy. Following our meetings, we've had the opportunity, both Mr.
Chi, the members of the family, the architects, to meet with Dr. Quiroz, who's the adjoining property owner,
who's here this evening, to meet with the -- with Mr. Dennis Rod and the Dennis Rod family. They have
reviewed the plans. We are now inviting them, as Lourdes is pointing out, that the next level will now be the
special exception to finalize and to approve the parking overlay, which we've already put into the record. I
have advised Dr. Quiroz, who's here and present with us this evening, and to the Rod family, we welcome
that they bring with them any special counselors and advisors that they have to work with us and the staff in
finalizing the project. We've had your full recommendation and thank you very much.
Vice Chairman Gort: Let me ask a question. I've known that area for a long time. I do a lot of shopping in
that shopping center. Are you going to make some improvement to the existing building, to the existing
businesses in the area?
262
December 14, 1999
Commissioner Regalado: This is the plan.
Vice Chairman Gort: I'm sorry; I didn't get a chance to see that.
Mr. Isla: It has not been presented, Mr. Chairman, because we did not want to make part, but we so -- we'll
do it now.
Vice Chairman Gort: OK. I just want to make sure we upgrade, and I want people to understand -- and I
know Commissioner Winton brought the idea, that the residential versus business. But, at the same time, if
the businesses deteriorate, so does the rest of the neighborhood also. So, this is one way that we can bring
things together and, believe me, an improvement in that shopping center will make a whole improvement in
that area. You can see right across the street, there's a store that went vacant and it's been vacant for a long
time now. It's been vacant for two or three years, and that harms the neighborhoods. Thank you.
Commissioner Winton: Could I ask a question?
Commissioner Regalado: Call the roll, please.
Commissioner Winton: Could I ask a question first?
Vice Chairman Gort: Go right ahead.
Commissioner Winton: What's the total square footage of your project, the frontage and the back building,
and how many parking spaces do you have? Really, what I want to know is, what's your parking ratio is, per
square foot?
Mr. Angel Saqui: Mr. Chairman, members of the Commission. Good evening. My name, for the record, is
Angel C. Saqui, iT, Architect, with offices at 2801 Ponce De Leon, Florida. Right now, currently, we have
one in three hundred parking spaces for the building towards the north and, at this point, it is the only
building that we have parking spaces allocated for, because the existing building at this time does not have
the need for any parking spaces.
Ms. Slazyk: Oh, it's grand fathered?
Commissioner Winton: How do you figure that?
Mr. Saqui: Well, because it is already in compliance, as an existing facility, and it's an.
Commissioner Winton: Does it have parking right now?
Mr. Saqui: Excuse me?
Commissioner Winton: Does it have parking right now, before this development...
Mr. Saqui: No.
Commissioner Winton: ...change? There is no parking. So, all the parking for that retail space is off -- is
street parking?
Mr. Saqui: That's correct. There were some parking spaces on -street, prior to the expansion of 27th...
263 December 14, 1999
0
Vice Chairman Gort: Excuse me.
Commissioner Regalado: No, no, no, no. But -- no.
Vice Chairman Gort: Excuse me. I think you're wrong.
Commissioner Regalado: No, you're wrong.
Commissioner Winton: It isn't what I heard last time.
Vice Chairman Gort: There's parking...
Commissioner Regalado: The parking is inside, not outside. He's asking you, if the parking -- if there is any
parking inside? And you said it's outside. I think it's inside.
Mr. Isla: Commissioner Winton, the existing stores along 27th Avenue lost all parking when 27th Avenue
was expanded. The existing parking for this area now is within the alleyway of the City of Miami. The area
that will be the new proposed building, a one-story commercial building, having 12,600 square feet, on a one
parking per three hundred retail square footage basis, gives the full forty parking spaces that are provided
inside the property. Because the existing 27th Avenue buildings were -- lost all their parking on the
expansion of 27th Avenue, this is where they have their parking right now.
Commissioner Winton: Well -- but the fact of the matter is, that you're currently using that alleyway was
parking. So, it works as parking and it keeps parking out of the neighborhood. And I will tell you -- and this
is not in my district -- but I've spent enough time ail over this town, that that kind of stuff is exactly -- and my
apologies, Commissioner Goat -- but the fact of the matter is, that successful commercial development
follows successful residential neighborhoods and lousy commercial development ruins residential
neighborhoods, and ultimately ruins commercial development. So...
Vice Chairman Gort: I agree with you, but the problem that you have in here, when this was built, the people
have plenty of parking. Because the state decided to expand and widen 27th Avenue, that eliminated a lot of
the parking and affected the business that's within that area.
Commissioner Winton: I understand. However, they do have parking for that frontage, those retail facilities
in the back, in the alley, and that's where, from a practical standpoint, the parking works. That's where it
goes. When you build this whole new structure, I'm curious as to what the parking ratio for all of that will
be? Because you currently have a mechanism, which allows for parking in those retail shops and, literally,
keeps it out of the neighborhood. When you build this, you're going to take away the alley parking. Which
means, the only parking you have for all of that is this lot that you've created. And if that lot isn't sufficient,
then the traffic is going to spill over directly into the neighborhood, and those home values, Mr.
Commissioners, will be dramatically impacted to the negative.
Mr. Isla: Commissioner Winton, what 1 do not understand, sir, is your statement that we are going to take
away the alley. There is -- this is -- there is no closing of the alley...
Commissioner Regalado: He didn't say that.
Mr. Isla: ...being proposed.
Commissioner Winton: I didn't say you're taking away the alley.
264 December 14, 1999
Commissioner Regalado: He didn't say that, He said that, by using the alley, you're not using the street, but
you're using the alley as a parking side.
Commissioner Winton: Currently. And if that becomes a driveway, then you don't have the ability to park
cars in the alleyway. Is that correct or not correct?
Mr. Isla: No, sir. The 40 parking spaces are in addition to the existing parking that is available in the alley.
Commissioner Winton: OK.
Vice Chairman Gort: Well, that was the question from the beginning.
Commissioner Winton: That was -- right. That was...
Vice Chairman Gort: And where he was saying there was no parking. And, now...
Mr. Isla: That's -- OK, sir.
Vice Chairman Gort: That was his question.
Commissioner Winton: So, give me the ratio so I understand it. Tell me what the total parking ratio is for the
full square footage of your complex there.
Ms. Slazyk: Both buildings?
Commissioner Winton: Both buildings.
Mr. Isla: Well -- no, I cannot do that because...
Commissioner Winton: Well, I can, if you give me the square footage.
Mr. Isla: ...both buildings are not part of this application.
Vice Chairman Gort: Excuse me. Excuse me. He's asking you a question. You better answer.
Mr. Isla: Well, sir...
Vice Chairman Gort: Listen, he's the one that's going to vote on it and we're going to vote on it. And if you
cannot answer the question, you might get the wrong vote.
Mr. Isla: The parking ratio, Commissioner Winton, is one per three hundred square feet of commercial
parking space -- of commercial area.
Ms. Slazyk: For the new, But on your existing building, what's the square footage of the building and how
many parking -- yeah,
Commissioner Winton: Excuse me. I've asked the question three tirnes. I think that's enough.
Ms. Slazyk: Yeah. OK.
265 December 14, 1999
Mr. Isla: the reason we cannot answer that, Commissioner Winton, is that these stores, existing stores, are
now part of the application, sir. Because the City...
Vice Chairman Gort: Excuse me.
Mr. Isla: ... does not allow this ...
Vice Chairman Gort: Excuse me.
Mr. Isla: ...to be part of the application.
Vice Chairman Gort: Excuse me. Mr. Attorney, he doesn't care if it's part of the application. He's asking
you, what's the total parking within that area? And he's allowed to ask that question. And if you don't want
to answer, that's up to you.
Mr. Isla: No, sir. I want to answer it. I just...
Vice Chairman Gort: Go ahead and answer it, then. That's what he asking three times.
Mr. Isla: ...don't have the information because it's not part of the application.
Ms. Slazyk: I think they don't know it.
Commissioner Winton: If you just tell me the square footage of the other building, I will do the calculation. I
have a calculator here. So...
Mr. Isla: Mr. Chairman, May we take a minute? Could you please pass this item and we'll research the
backup documentation that we have to the application to provide that answer for you?
Commissioner Winton: You don't know how many square feet of leasable space your building has?
Mr. Saqui: It's not part of the original application. That's why I really...
Commissioner Winton: But the owner's here. I know how many square feet of leasable space I have in every
building I own.
Mr. Tentscher: Are you talking about the proposed building or the existing building?
Commissioner Regalado: No, the existing building.
Ms. Slazyk: The existing,
Commissioner Regalado: How many square feet on the existing building?
Vice Chainnan Gort: Let me ask a question. How many parking spaces you have on the alley? I know you
have at least 30. Twenty --twenty-four? OK. OK, in the alleyway. So, you're talking about 40 and 24 is 64
parking spaces.
Commissioner Regalado: There, you have the.answer.
Mr. Isla: And approximately nine thousand square feet, Commissioner Winton, of space, retail space.
266 December 14, 1999
Commissioner Winton: So, you've got nine thousand and twelve/five. So...
Mr. Tentscher: Excuse me. That's not nine thousand square feet.
Vice Chairman Gort: Excuse me, sir. Excuse me.
Mr. Tentscher: It's forty thousand.
Vice Chairman Gort: Excuse me, sir. They're talking about two different items.
Mr. Isla: Approximately nine thousand square feet, sir, of retail space, and approximately forty parking
spaces in the alley.
Commissioner Winton: Well, total parking spaces, though?
Vice Chairman Gort: Sixty-four.
Mr. Isla: Sixty-four.
Commissioner Winton: Sixty-four.
Mr. Saqui: A hundred by two hundred and thirty-two feet. That's what we have there. Approximately,
twenty-three...
Vice Chairman Gort: Sir, you have to come and speak into the mike and I'll let one of the Commissioners ask
you a question. And if the opponent can answer a lot better than the proponent, then, we've got a problem.
Mr. Tentscher: Commissioner Winton, I've got the floor plan of the existing building here, on scale, from
their own people. It's larger than nine thousand square foot, the existing building.
Commissioner Winton: How many square feet is it? Is it two-story or one?
Mr. Isla: One story.
Vice Chairman Gort: One story.
Mr. Tentscher: One story on one side. There's a second story on top, on one side. This is an eight thousand
square foot building. This is larger than eight thousand square foot. The scale is right on here. OK.
(Inaudible) Commissioner, please, because that's not nine thousand feet.
Vice Chairman Gort: OK. Commissioner Winton?
Ms. Slazyk: It looks like approximately twenty thousand.
Commissioner Winton: Twenty thousand?
Ms. Slazyk: If it's wall to wall for the lots -- these are about twenty-five feet wide. There's one, two, three,
four, five, six, seven, eight, nine of them, and it looks like little less than a hundred feet in length. About
twenty thousand.
267 December 14, 1999
r ;:.:
Commissioner Winton: Twenty thousand is a little different than nine. And, frankly, I'm a little -- and it is
very late. I don't think it's an unreasonable question. Everybody and their grandmother ask what parking
ratios are full developments and the fact that I've gotten a...
Ms. Slazyk: He said...
Commissioner Winton: ...difficult answer, and now that I'm getting one that seems to be way out of kilter
here, that's pretty bothersome to me.
Mr. Isla: Commissioner Winton, you're raising, sir, an issue that, for all these months that we've been in front
of this Commission, with this same site plan, you're bringing up a piece of property that is not part of this
application, sir. Because this piece of property is ruled by a different City ordinance altogether. It is not and
it cannot be considered part of the application in front of you. Why do you want to bring up a property that's
not part of it?
Commissioner Winton: Excuse me. I beg to differ with you. What we're talking about here is giving you a
variance into a residential neighborhood, that impacts a neighborhood, and it does directly impact the
neighborhood. And whether you bike that or not is irrelevant to me. It does impact the neighborhood. The
neighbors are all here. And I've only been on this Commission for a month and a half And I was at the last
meeting, where there was tremendous opposition to this project, and I asked some questions about it at the
time but it was my first meeting. So, I was a little tentative about my questions. But I still feel very much the
same way. And I didn't come in here tonight planning on being opposed to your project. But I can tell you; it
irritates me to no end when I can't get straight answers from somebody. And it does impact the
neighborhood, whether you want to believe that or not.
Mr. Isla: Is it your opinion, Commissioner Winton, that we are now going to need to add parking for the
existing, grand fathered, retail space on 27th Avenue?
Commissioner Winton: It, frankly, may be my opinion that this project should be denied and that the
rezoning shouldn't occur, so that we could preserve the neighborhood.
Commissioner Teele: Move to defer the item.
Commissioner Regalado: No, no, no. Go ahead and vote. It's been deferred so many times, guys. I mean,
you know, we keep...
Commissioner Teele: But, you know, the Commissioner's raising -- I mean, I think Commissioner Winton is
raising some points that -- you know, we shouldn't reward people for not coming in and speaking candidly
and to the point. I mean, the man has asked you the question three times and...
Commissioner Sanchez: But, Art...
Mr. Isla: Then...
Commissioner Sanchez: If I may? I think that we -- I guess we're prepared to discuss one issue and, then, the
other issue was brought in, which was not part of the process, and I think that has confused people here. I
don't think there was an intention of misleading anybody in any way, but I think that we need to clarify it. If
you guys want to defer it, I'll be more than glad to but the project has been deferred so many times.
Commissioner Teele: But you know what scares me? Is when people start talking about essentially a new
project and, then, they start talking about the grand fathered portion of the project. As far as I'm concerned,
268 December 14, 1999
a
there may be a portion grandfathered, but when we look at the new portion of it, we need to compensate for
what has been grand fathered in. I mean, you know, this isn't -- you know we're not one -eyed people here. I
mean, we've got -- everybody can see this thing.
Commissioner Sanchez: Vice -Chairman, if i may?
Commissioner Teele: And the only point that's making me very nervous, if we're talking about the
grandfathered portion and we want to leave that out and not discuss that in the context of the entire project,
then -- you know, I've supported this project but I think you need to be very candid and if there may need to
be more parking, the answer may be yes. I mean, we've been talking about parking all night.
Mr. Isla: Then, may I suggest, Mr. Chairman, let's defer this item this evening. The neighbors are here.
We're here this evening. We'll calculate the square footage that Commissioner Winton has requested that we
do. Because everyone, including the staff now, is trying to guess to answer a question. So...
Vice Chairman Gort: Well, that's...
Mr. Isla: ...let's defer the item this evening and we'll pick it up at the end of the agenda.
Vice Chairman Gort: That's what they were saying.
Commissioner Teele: The reason that -- I don't want to vote against the project, but I do think that a
Commissioner is entitled to be able to have all of his questions answered before he's asked to vote on a
project.
Mr. Isla: And I concur. And if my statements were anything to the contrary, Commissioner Winton, I
apologize to you, sir. Then, let's defer the matter and we'll come back, Commissioner Winton...
Vice Chairman Gort: See; let me tell you what the problem is. We want to work with you; we want to work
with the neighbors; we want to improve the whole situation. If you don't have sufficient parking in there, the
merchants are going to suffer because people are not going to stop to buy because they can't park. I mean,
we're all business people and you know you're going to go and buy where the facility to park and where you
feel comfortable. At the same time, if you don't have enough parking, what's going to happen, people are
going to park in front of the people's houses and not only the people, but the people that work there. That's
why parking is so important. When I asked you to move for the 7th Street, it was fine but, at the same time,
when you put that building in there, you replace a lot of parking spaces that you have there. So, you need to
bring -- and one of the things I'd like to do is, this alley, I don't think it serves any purpose, and I think we
should study all those alleys and see if those alleys can be made part of the properties, so they can make it
better project.
Ms. Slazyk: This particular one, at the last hearing, at first reading, Commissioner Regalado passed a motion
asking them to conduct a study in order to do exactly that on this property...
Vice Chairman Gort: Right.
Ms. Slazyk: ...which is the alley closure and the City would support it. That would also give them ability to
put a little bit more parking because that would become their property, and that would mitigate the effect of
the grand fathered portion and that might actually work out in the end.
Commissioner Sanchez: Let's defer it.
269 December 14, 1999
Ms. Slazyk: Yeah,
Mr. Isla: Well, I -- and, Commissioner Winton, I'm sorry, sir, if I -- and I did not mean to, in any way, cast
disrespect upon your questions. I believe your questions are correct. But the first thing that came to my mind
is that I'm trying to understand how, if I -- or if the applicant is asked to match the current parking ratio, one
to 300, on a property that's already had their parking taken away, no other property can fully, one hundred
percent, accommodate that.
Vice Chairman Gort: Let me tell you what we're doing and what you need to understand. When we make a
decision here, we're allowing you to do certain changes because you're going to be benefiting from that.
Mr. Isla: Right.
Vice Chairman Gort: but at the same time, we don't want you to benefit to the detriment of the neighborhood,
and that's why I think a deferral will be important. I think you can get together. They've waited so long, they
can make even a better project, and even for themselves. Because if there's not enough parking there, the
merchants are going to suffer.
Mr. Isla: Correct.
Vice Chairman Gort: The merchants are going to have problems.
Commissioner Teele: Mr. Chairman, but I didn't realize that Commissioner Tomas had been so generous in
giving this -- proposing this alley study and I commend you for doing that, but are you going to pay for this
alley or...
Commissioner Regalado: Going to pay for the study, though.
Commissioner Teele: No, no. I'm talking about for the alley.
Vice Chairman Gort: They would have to pay for it.
Commissioner Teele: You would have to pay the City for the alley?
Commissioner Regalado: To become property?
Mr. Isla: We have moved forward since the November 16th meeting, Commissioner. And you have a letter
that I passed out where we already are beginning conversations with Dade County and the City so that the
Traffic Study for Northwest 6th Street will be moving forward.
Commissioner Teele: But my only point was, if we were to donate or to grant the alley as a part of the
property rights, it would just seem to be fair that a part of that alley would be used for the mitigation of any
parking on the so-called grand fathered portion.
Mr. Isla: Yes, sir.
Commissioner Regalado: Yes. That's the purpose.
Commissioner Teele: So -- I mean, that would be a part of the purpose and.
Mr. Isla: No, no. I concur.
270 December 14, 1999
Vice Chairman Gort: My understanding, the procedure -- what is the procedure for the alley closure?
Ms. Slazyk: They have to actually file for a Vacation of Public Right -of -Way, since they own the property
on both sides. They don't need to count on any other property owners. And, then, they replat to incorporate
that property into theirs.
Commissioner Teele: Without consideration?
Mr. Maxwell: That's correct, sir.
Ms. Slazyk: Just application fees to the City for the Vacation of Right...
Commissioner Teele: So, in other words, the City just...
Vice Chairman Gort: Question.
Commissioner Teele: I mean, it's fine if that's what we've been...
Ms. Slazyk: It's like any other street closure or alley closure in the City.
Vice Chairman Gort: Question.
Commissioner Teele: So, whenever you all close a street, everybody just gets their land for free?
Vice Chairman Gort: No. Let me ask a question, Commissioner Teele, if I may?
Commissioner Teele: It's a great deal.
Vice Chairman Gort: Does that alley -- do they pay taxes on that alley?
Ms. Slazyk: Today, they don't.
Vice Chairman Gort: They don't.
Ms. Slazyk: They would if it were...
Vice Chairman Gort: If they become then... They would pay taxes on that alley?
Ms. Slazyk: Yes, sir. Yes, sir.
Commissioner Teele: Well, the only thing that I would say consistent with what -- if it gets platted, make
sure that it gets platted on the grand fathered side and not the new side, so that the new land can go to
ameliorate...
Ms. Slazyk: Towards the existing.
Commissioner Teele: ...some of the parking issues associated there and not that it's just found land with this
other...
Ms. Slazyk: That's a good idea.
271 December 14, 1999
Commissioner Teele: ...and gets wind up used for some commercial use.
Ms. Slazyk: That's a good idea.
Mr. Isla: We'll be providing, Mr. Chairman and members of the Commission, then, with a more detailed area
-- square footage on the...
Vice Chairman Gort: Look, let me tell you something. I have found, in my experience -- because I know
sometimes the deferrals, it works. You can get together with your neighbors. You can come up with a better
plan for everyone to be happy.
Mr. Isla: Right.
Vice Chairman Gort: They're going to be buying and they're going to be customers and they're going to be
satisfied, like Commissioner Winton stated before.
Mr. Isla: Correct.
Commissioner Regalado: Time...
Vice Chairman Gort: Commissioner Regalado, if you will pull back your motion, I would appreciate it. 1
think everybody's in agreement to that.
Commissioner Regalado: Time certain for January what?
Ms. Slazyk: Twenty-seventh.
Commissioner Regalado: Twenty-seventh. OK. I'll move, then, to defer.
Commissioner Teele: Second the motion.
Vice Chairman Gort: OK. Been moved and second. Any further discussion? Being none, all in favor state
by saying "aye."
The Commission (Collectively): Aye.
272 December 14, 1999
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 99-972
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM
PZ-14 (PROPOSED SECOND READING ORDINANCE TO AMEND
ORDINANCE 11000 TO ADD SD-12 BUFFER OVERLAY DISTRICT
FOR PROPERTY AT 2725, 2731 AND 2733 N.W. 6 STREET IN
ORDER TO FACILITATE PARKING) TO THE COMMISSION
MEETING CURRENTLY SCHEDULED FOR JANUARY 27, 2000.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele. Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you, gentlemen. Appreciate it, ladies and gentlemen.
Mr. Isla: Thank you very much.
CHAIRMAN GORT CONCERNING THE NUMBER OF HEARINGS
SUES.
Vice Chairman Gort: Item 15 is a — there's another question that I have of the — Commissioners? And I'm
glad, at this time, it happened and we had two readings on this, being an ordinance. What I would like in the
future, if possible, if you would look into the Charter, so this type of hearings, we only have it once, instead
of having it twice in front of us because there would be the same arguments and so on, and this one, it worked
out real good, but I think we should look into that. Mr. Maxwell.
Mr. Joel Maxwell (Assistant City Attorney): Are you speaking about ordinances, in general, zoning
ordinances in general?
Vice Chairman Gort: Ordinances, the zoning items.
Mr. Maxwell: We will look into the possibilities...
Vice Chairman Gort: My understanding, the County does it by resolution.
Mr. Maxwell: The County does, and they do it for reasons that, I think, we -- I know why they do it, but we
certainly will look into it and give you a formal response as to whether we can or can't or what you would
have to do to facilitate that.
Vice Chairman Gort: Thank you, sir. OK.
273 December 14, 1999
To C
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Vice Chairman Gort: Next item, 15.
Ms. Sarah Eaton:(Planner) PZ- 15 is an application to apply the historic preservation overlay district to Villa
Woodbine ill order for it to be used as a private club. This is second reading.
We recommend approval.
Vice Chairman Gort: it's recommended. Is there anyone in opposition to Item 15? Anyone in Opposition?
Being none — it's your district.
Commissioner Winton: Move to approve.
Commissioner Teele: Second.
Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by
saying "aye."
The Commission (Collectively): "Ave."
Vice Chairman Gort: All right.
Mr. Joel Maxwell (Assistant City Attorney): it's an ordinance. It's an ordinance, sir.
Vice Chairman Gort: Thank you, sir. Beautiful Presentation.
Mr. Maxwell: It's an ordinance.
Vice Chairman Gort: It's an ordinance. Read it.
274 December 14, 1999
0
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE 45
OF THE ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, AS ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE IV/SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, BY ADDING THE HISTORIC
PRESERVATION OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT
APPROXIMATELY 2167 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded
by Commissioner Teele, the ordinance was thereupon given its second and final reading by title,
and was passed and adopted by the following vote:
AYES: Vice Chairman Wiftedo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Said Ordinance was designated Ordinance No. 11576.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
60. SECOND READING ORDINANCE: `AMEND 11000 —. CHANGE ZONING - ADD SD--12
BUFFER .OVERLAY 'DISTRICT AT 363.3, 3653, 3661 AND 3665 S.W. 22. TERRACE TO
FACILITATE : SURFACE PARKING FOR CO
MMERCIAL AND.
BY SPECIAL
EXCEPTION [applicant: II Palazzo, Inc:]
Vice Chairman Gort: Thank you, sir. Item 16.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-16 is a second reading adding SD-12 to the
properties at 3633, 53, 61 and 65 Southwest 22"d Terrace. It was recommended for approval by staff,
approval by the Zoning Board, and.
Commissioner Regalado: That's my district. I'll move to approve.
Vice Chairman Gort: Second reading. Is there anyone in opposition to this item? Being none, all in favor —
make a motion.
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Roll call.
275 December 14, 1999
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE 42
OF THE ZONING ATLAS OF ORDINANCE 11000, AS AMENDED, AS ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE IV/SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, BY ADDING SD-12 BUFFER
OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 3633, 3653, 3661 AND 3665 SOUTHWEST 22ND TERRACE,
MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A
SEVERABI.LITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was passed on its first reading, by title, at the meeting of November 16, 1999, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Regalado, seconded
by Commissioner Winton, the ordinance was thereupon given its second and final reading by
title, and was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Said Ordinance was designated Ordinance No. 11877.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
61. AMEND DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) TO EXTEND
BUILDOUT/TERMINATION DATE PURSUANT TO TOLLING REQRUIEMENTS [applicant: City of
Miarrii Dgwfitown'Development Authority (DDA)]
Vice Chairman Gort: PZ-17.
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ-17 is an amendment to the master and
Increment I development orders for the downtown DRI (Development and Regional Impact). This was filed
with DCA (Department of Community Affairs) and the Regional Planning Council in November. We got
comments back from DCA and we came up with some revised language that they accepted, which I have to
read into the record. This is the revised legislation being handed out to you. The only page that's affected is
the last page, and since it's different than what was in your package because of the settlement with DCA, I
just have to read it quickly into the record. "The deadline for" — this is for condition 20, on the last page.
"The deadline for commencing any development shall be two years from the effective date of this
development order. The project build -out and expiration date of the development order shall be May 28"',
2003. The City shall not issue any new development orders within the downtown DRI area after May 28"i,
2003. If a locally issued development order expires, the individual project for which said order was issued,
shall not be entitled to the development credits assigned to it under Increment I of this DRI. A new
development order shall be required. The termination date may only be modified in accordance with Florida
Statute 380.06/19c, as amended. The impacts associated with the project, which received the major use
276 December 14, 1999
special permit prior to May 28th, 2000, and construction completed by May 280i, 2003 will be analyzed within
the Increment II application for development approval." This basically...
Vice Chairman Gort: Lourdes, do me a...
Ms. Slazyk: ... extends our DRI for three years.
Vice Chairman Gort: OK. Does everybody understand it? OK.
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Second. OK. Anyone in opposition? Being none —this is a resolution.
Mr. Joel Maxwell (Assistant City Attorney): It's a resolution, sir.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
277 December 14, 1999
Ev
The following resolution was introduced by Commissioner Winton, who moved its adoption:
RESOLUTION NO.99-973
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AMENDING THE DOWNTOWN MIAMI
DEVELOPMENT OF REGIONAL IMPACT ("DRI") MASTER AND
INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87-1148
AND 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED BY
RESOLUTION NO. 91-698 ADOPTED SEPTEMBER26, 1991, RESOLUTION
NOS. 94-849 AND 94-850 ADOPTED NOVEMBER 17, 1994, RESOLUTION
NO. 98-219 ADOPTED FEBRUARY 24, 1998, RESOLUTION NO. 98-787
ADOPTED JULY 21, 1998, RESOLUTION NO. 98-1153, ADOPTED
NOVEMBER 17, 1998, AND RESOLUTION NO. 99-159, ADOPTED
FEBRUARY 23, 1999), FOR THE AREA OF THE CITY OF MIAMI UNDER
THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORIY
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", BY
AMENDING THE MASTER AND INCREMENT I DEVELOPMENT
ORDERS IN ORDER TO: 1) EXTEND THE BUILDOUT AND
TERMINATION DATES TO REFLECT APPROPRIATE TOLLING PERIOD
FROM APPEAL; 2) CLARIFY THE COMPLETION DATES FOR
INDIVIDUAL PROJECTS APPROVED UNDER INCREMENT I OF THE
DRI; AND 30 AMEND LANGUAGE TO CLARIFY THAT SIMULTANEOUS
INCREASES AND DECREASES IN LAND USE CATEGORIES MAY BE
APPROVED WITHOUT NECESSITY OF A NOTIFICATION OF A
PROPOSED CHANGE TO A PREVIOUSLY APPROVED DRI; FINDING
THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL
DEVIATION FROM CHAPTER 380, FLORIDA STATUTES (1997) ; AND
ALSO FINDING THAT THESE CHANGES ARE IN CONFORMITY WITH
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez.
62. APPROVE MIAMI DESIGN DISTRICT AND LITTLE HAITI/CREOLE DISTRICT PLANNING
STUDY, A GUIDE IN PLANNING FUTURE DEVELOPMENT, REVITALIZATION AND
PRESERVATION OF DISTRICTS [applicant: City of Miami Planning and Zoning DennrtmPntl
278
December 14, 1999
J
r
Vice Chairman Gort: Eighteen. This is your item on the Miami Design District and Little Haiti/Creole
District Planning Study.
Ms. Lilia Medina: Lilia Medina, Department of Planning. This item is for an approval of the Design District
Planning Study and the Planning Study for Little Haiti/Creole District. This item went before the Planning
Advisory Board. It was unanimously approved. We have here a short presentation from the consultants, and
from the firm Dually, Plater-Zyberk. Elizabeth Plater-Zyberk would like to just briefly you on the
recommendations and the approach. And, also, in the audience is Andy Parish, who is a real estate specialist
in the design district, who is employed by Dacra, one of the major employers and investors in the design
district. Liz.
Elizabeth Plater-Zyberk: Thank you, Lilia. Good evening. Elizabeth Plater-Zyberk, Dually & Plater-Zyberk
and Company, with offices in the City of Miami. The goal for the design district and the Creole district study
was their enhancement through this planning study. They are tied together by their proximity; they both have
mixed use courts surrounded by viable residential neighborhoods; both are associated with culture, the arts
and design, although in somewhat different ways. Concerns in these two areas were identified in advance.
Topics such as accessibility, identity, road and sidewalk improvements, design image and predictability.
Among the things that the design process did for these two areas is identify them as a regional end in the case
of a design district, indeed, an international commercial destination. The design district has the wonderful
potential as serving as the marketplace for the surrounding manufacturing areas. If you look at a map of that
area, Wynwood, Allapattah, and Little Haiti all have manufacturing which occurs — surrounding the design
district, and it really — some of it is indeed furnishings and various design elements so that you could really
play up the design district as a place to market things that are made in Miami, and "Made in Miami" could
become a very interesting label. This design process — this planning process took place in public, with a
public charrette. Among the participants, besides stakeholders, were the Florida Department of
Transportation, which was working on State Road 112, improvement plans for 112, so this was the kind of
focus group for their future work. Strategic recommendations. If you look through the reports that are
provided for both districts, according to two different structures. One is the recommendations are being given
in terns of which recommendations are designed, which are policy and which are management, so that then
allows you to determine which ones — which of the actions to be taken are to be done by the public sector, the
private sector, or the non -for -profit sector? Very briefly, then, to describe the two districts. The division for
the design district was one which, in fact, enhances what's already there. Urban Streets, mid -block paseos,
garden courts — you can imagine the slides, which I'm not showing. There really are some charming places,
pedestrian places here, which are unique within the City and this plan, indeed, suggests — and I'm not going
to go into showing you the drawings and detail, that we would just, in fact, consolidate and encourage more
of that. Parking management suggestions were made, street design adjustments in order to promote traffic
calming, a landscape plan, and a series of suggestions for modifications to the Zoning Code. One or two of
those, I understand, have already been made. In the Creole district, in which the neighborhood actually
brought us quite formed ideas about their place, once again, there's a main street, Northeast 2"d Avenue,
which is surrounded by residential areas, and the plan reinforces that as a kind of local main street for the
area, which, if it is enhanced, could become a destination as well. One of the main issues here is the fact that
Northeast 2"d Avenue is a county road, and has never been sufficiently improved to be the urban street that it
is intended to be. If you look at the plan of Little Haiti, you'll see that all the side streets, which belong to the
City of Miami, have been improved, and the county roads still has dirt shoulders. Its elevation, in fact, tends
to flood some of the stores. There's a wonderful historic building that nobody wants to fix up because it's
lower than the road and the County — the City and the county really need to get together in this case to make a
change because private investment really has no reason to do this main street in Little Haiti without that kind
of action. So, I'm just giving that as an example of a series of actions that are very clearly delineated in the
study, either for individual municipal work, private work or some sort of coordinated work. One last
comment. Art in Public Places played a very important role in this study, for obvious reasons. These are
places that are concerned with arts and cultures to begin with. Of course, if you go to the design district now,
279
December 14, 1999
You will see some of the wall painting that's beginning to happen by private initiatives, and it's fair to say that
I think some of that was inspired by the kind of wall painting, which has long been a vernacular part of Little
Haiti. So, I think I'll end here, and we can answer any questions that you might have.
Vice Chairman Gort: Thank you.
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I would move adoption of the study and the report and the ordinance. Further, I would
ask if the consultant could be available to brief the MPO (Metropolitan Planning Organization) on the Little
Haiti/Creole District Master Plan portion related specifically to Northeast 2"d Avenue. There's a consultant —
have you worked with Frederick R. Harris? The county, at my request, has appointed Frederick R. Harris and
the Manager, which is a national consultant, to look at the Northeast 2"d Avenue roadway, and they — I think
the best way to begin that recommendation that you make is that we could facilitate a meeting with you and
R.A. Rivera, in the Manager's office, and myself and Frederick R. Harris, and begin a dialogue on that, and
ask that you also be prepared to make this report to the county MPO.
Ms. Plater-Zyberk: We'd be happy to do because we actually have some very specific, even dimensioned,
recommendations for it.
Commissioner Teele: Great.
Vice Chairman Gort: Thank you very much. There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: OK. Is there anyone in opposition?
The Commission (Collectively): ",dye.,,
Commissioner Teele: Is it an ordinance?
Mr. Alejandro Vilarello (City Attorney): Resolution.
280
Being none, all in favor state by saying "aye."
December 14, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-974
A RESOLUTION OF HE MAIMI CITY COMMISSION, WITH
ATTACHMENT (S), ACCEPTING THE MIAMI DESIGN DISTRICT
AND LITTLE HAITI CREOLE DISTRICT PLANNING STUDY,
ATTACHED HERETO AND INCORPORATED HEREIN AS
"EXHIBIT A," AS A PLANNING TOOL FOR THE FUTURE,
DEVELOPMENT, REVITALIZATION AND PRESERVATION OF
THE MIAMI DESIGN DISTRICT AND LITTLE HAITI CREOLE
DISTRICT AS DEFINED IN THE STUDY.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Teele: Madam Director — Mr. Manager, could I get a copy of the Little Haiti District Plans
and the drawings, please? Because I'd like to take that up with the Manager as soon as possible. With the
County Manager.
RST READING ORDINANCE: AMEND 10544 COMPREHENSIVE NEIGHBORHOOD
1989-2000 GOALS; OBJECTIVES AND POLICIES TO IMPLEMENT EVALUATION AND
SISAL REPORT GROUP. R RECOMMENDATIONS AND TO. RESPOND .TO STATE
:.
fREIvIENTS [applicant: City of Miami Planning and2oning Department)
Vice Chairman Gort: Nineteen.
Mr. Clark Turner: Mr. Chairman, members of the Commission, Clark Turner, Chief of Community
Planning. Both 19 and 20 are amendments to the Miami Comprehensive Neighborhood Plan. In fulfillment
of recommendations made by the Evaluation and Appraisal Report, in compliance with State of Florida
Regulations Planning. Number 19 addresses four of the plan's elements: coastal management, natural
resource conservation, capital improvements, and inter governmental coordination. It's recommended for
your approval by unanimous vote of the Planning Advisory Board and by staff recommendation.
Vice Chairman Gort: OK. What does it actually do?
281 December 14, 1999
Mr. Turner: It makes amendments to the four elements I mentioned; that update them, bring them into
compliance with new state requirements, remove obsolete material and just, generally, bring them all up to
date.
Vice Chairman Gort: Thank you, sir. Do I have a motion?
Commissioner Winton: So moved.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Teele: Second.
Vice Chairman Gort: Read the ordinance. Thank you. Roll call.
An Ordinance Entitled —
AN ORDINANCE, WITH ATTACHMENTS, AMENDING ORDINANCE 10544
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1989-2000, BY
AMENDING THE TEXT OF THE GOALS, OBJECTIVES AND POLICIES THAT
THOSE ELEMENTS PERTAINING TO COASTAL MANAGEMENT, NATURAL
RESOURCE CONSERVATION, CAPITAL IMPROVEMENTS, AND INTER
GOVERNMENTAL COORDINATION; SAID AMENDMENTS MAKING
SUBSTANTIVE ADDITIONS AND DELETIONS, TECHNICAL CHANGES AND
UPDATING OF TIME FRAMES ACCORDING TO THE RECOMMENDATION
OF THE 1995 EVALUATION APPRAISAL REPORT OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, ADOPTED
NOVEMBER 16, 1995, BY RESOLUTION 95-830; THE REPORT ON
SUFFICIENCY ISSUES WITH RESPONSES BY THE CITY OF MIAMI,
INCLUDING REVISIONS AND THE RESPONSE TO FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS LETTERS OF SEPTEMBER 13, 1996, ADOPTED
OCTOBER 24T", 1996 BY RESOLUTION 96-796 AND/OR IN RESPONSE TO
THE STATE REQUIREMENTS DESCRIBED IN CHAPTER 163 FLORIDA
STATUTES IN CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Winton, seconded by Commissioner Teele, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
282 December 14, 1999
N,
. DNA t✓I;i AMEND 0544 , O13JECM-tS AND I'OI.. MS � s
ivIENT ESA CATION APP SAL ItE (i ' I�O�CTP III I ECol1%11VIENDA IONS 1�OR
TttAN s i A ifii E�;l✓I EN' A�FMM I3 SIGNATION OF UltAN INVILL AREA AND
SPUN .fib NEV STATE REQUtRMANTS [Applieatit., City of Miami Planning and Zoning
Vice Chairman Gort: PZ-20.
Mr. Clark Turner (Chief, Community Planning): This is another amendment to the Miami Comprehensive
Neighborhood Plan. This is the set of amendments to the transportation element, as recommended by the
Evaluation and Appraisal Report. This contains one significant change and, that is, the designation of an
urban infill area. This has already been done by you, as an amendment to the land use element. It's repeated
here in the transportation element. The significance of the urban infill area is threefold: First of all, it creates
an urban infill area for the entire City of Miami within which specific urban redevelopment infill areas can be
.t
designated and become eligible for various kinds of funding that will assist in neighborhood and business
improvement. Second thing that the urban infill amendment does is to make possible the adoption of certain.
plan amendments as small -scaled amendments without the necessity for sending to the State for review. The
third thing it does is to create a transportation currency exception area for the entire city, which relaxes the
;nl
requirements for level of service for traffic and concurrency compliance. This is also recommended by
F` :b
unanimous vote of the Planning Advisory Board and by staff.
Vice Chairman Gort: Questions?
Commissioner Winton: Is that last one good?�95
Mr. Turner: It allows us to be in the position where we are not required to deny a development permit
?A
because of failure to meet a transportation concurrency requirement. We are still able to deny development
permits, but we are not required to deny them.
Lxi
aFr'
z Fh'C�+wsry
Commissioner Winton: We can consider it on a case -by -case basis?r
Mr. Turner: Exactly.
,
Commissioner Winton: OK.
r+fir
Y cr7� �.at
Vice Chairman Gort: OK. Do I have a motion?
Commissioner Winton: So moved.
+<"
Commissioner Teele: I would move it, unless...
J
Commissioner Winton: Second.
Vice Chairman Gort: It's been moved and second. Discussion? Being none, read the ordinance. Call the
roll.
283 December 14, 1999
An Ordinance Entitled —
AN ORDINANCE, WITH ATTACHMENTS, AMENDING ORDINANCE 10544
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, 1989-2000, BY
AMENDING THE TEXT OF THE GOALS, OBJECTIVES AND POLICIES OF
THE TRANSPORTATION ELEMENTS, AMENDMENTS, MAKING
SUBSTANTIVE ADDITIONS AND DELETIONS, TECHNICAL CHANGES AND
UPDATING OF TIME FRAMES IN ACCORDANCE WITH THE
RECOMMENDATIONS OF THE 1995 EVALUATION APPRAISAL. REPORT OF
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000,
ADOPTED NOVEMBER 16, 1995, BY RESOLUTION 95-830; THE REPORT ON
SUFFICIENCY ISSUES WITH RESPONSES BY THE CITY OF MIAMI,
INCLUDING REVISIONS AND RESPONSE OF THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; LETTERS OF SEPTEMBER 13, 1996, ADOPTED
OCTOBER 24T11, 1996 BY RESOLUTION 96-796 AN AFFIRMATION OF
DESIGNATION OF AN URBAN INFILL AREA AND/OR IN RESPONSE TO
STATE REQUIREMENTS AS DESCRIBED IN CHAPTER 163 FLORIDA
STATUTES IN CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
65. :FIRST READING ORDINANCE: AMEND 1544 TO CLEANUP AND UPDATE
COMPREHENSIVE NEIGHBORHOOD PLAN — CHANGE LAND USE DESIGNATION AT 8295,
8296, 8248 - 8299, 8307; 8312, 8315, 8320, 8321; 8329, 8401, 8450 AND 8455 N.E. MIAMI COURT, 30
AND 50.NZ' 84'STREET, 8305 AND "8401 NORTH MIAMI AVENUE AND 8290, 8300, 8310, 8320,
8334, 8340, 8400 AND 8440 N.E. 1 AVENUE FROM RESTRICTED COMMERCIAL TO OFFICE;
1175_ N.W 67 STREET' FROM. SINGLE FAMILY RESIDENTIAL TO MAJOR INSTITUTIONAL,
PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES, AND 220 N.E. 43 STREET FROM
MAJOR INSTITUTIONAL,' PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO
SINGLE FAMILY RESIDENTIAL [Applicant: City of Miami Planning and Zoning Department]
Vice Chairman Gort: Twenty-one.
284 December 14, 1999
Ms. Susan Cambridge: Susan Cambridge, City of Miami, Planning and Zoning Department. The proposed
amendments are a clean up and update of the future land use map and to update — it's also an update of the
Miami Comprehensive Neighborhood Plan, and.
Commissioner Teele: Move it.
Commissioner Sanchez: Second.
Vice Chairman Gort: This is to be in compliance. A very good presentation. Read the ordinance. Roll call.
An Ordinance Entitled —
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION OF THE
PROPERTIES LOCATED AT APPROXIMATELY I-18295, 8296, 8298, 8299,
8307, 8312, 8315, 8320, 8321, 8329, 8401, 8450 AND 8455 NORTHEAST MIAMI
COURT TO 30 AND 50 NORTHEAST 84TH STREET AND 8305 AND 8401
NORTH MIAMI AVENUE; AT 8290, 8300, 8310, 8320, 8334, 8340, 8400 AND
8440 NORTHEAST 1 ST AVENUE FROM THE RESTRICTED COMMERCIAL TO
OFFICE 1175 NORTHWEST 67TH STREET FROM SINGLE FAMILY
RESIDENTIAL TO MAJOR INSTITUTIONAL PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES AND 220 NORTHEAST 43RD STREET,
MIAMI, FLORIDA, FROM MAJOR INSTITUTIONAL PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES TO SINGLE FAMILY RESIDENTIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO THE AFFECTED
AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
285 December 14, 1999
QN
01 X11AUINU UFJJINANCE: AMEND 11000 _ CHANGE ZONING 6110 N.W. 12 AVENUE
GbEftI�1MFNT AND INSTITUTIONAL TO R-3 MULTIFAMILY MEDIUM DENSITY
IIV`I'IAL TO BPINi r ATLAS IN CONFOPUT1' WITIi FUTUIt1✓ LAND USE MAP C If1S1iG tit:
IVIniInnnng andonipgepaeimnt]
Vice Chairman Gort: Twenty-two.
Commissioner Teele: Mr. Chairman, in English, why are we doing this?
Vice Chairman Gort: These are — my understanding is...
Commissioner Teele: No, I'm talking about the next one. It's in my district. Just explain, why are we doing
PZ-22?
Ms. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. PZ-21 and 22 are clean-ups. We're
required by state law for our Comp Plan and our Zoning Atlas to match. We have through, page by page, of
both and found a series of discrepancies. What this is doing, Susan went out in the field and did a study on
each and every one that there was a discrepancy on; took photos; found out what was on the property, and
then recommended a clean-up for each one, whether we should change the zoning or the comp plan to make
it match what was actually on each property. It was a very extensive study, and we're going to be coming
back to you doing different pages of the Zoning Atlas in the City until the whole City is cleaned up.
Commissioner Teele: May I inquire of the planning director? Were the concerns of those homeowners
addressed satisfactorily today? I know there were a number of people that...
Ms. Ana Gelabert (Director, Planning & Zoning): Yes, they were, Commissioner. There was some
questions regarding an exact property and we were able to clarify exactly what we were doing; that it belongs
to the school, and it was zoned R-1, but it really belonged to the schools. So, we were changing that to reflect
that. The other concern they had was...
Commissioner Teele: That was Holmes Elementary, wasn't it?
Ms. Gelabert: I'm sorry?
Commissioner Teele: Was that Holmes Elementary? One of the elementary schools.
Ms. Gelabert: Yes, it was — right now it's being used as a park, and it will continue to be used as a park. The
neighbors, what they were concerned, they thought this was a project and that they were coining over to
develop something.
Commissioner Teele: So, when you say "cleaning up," what we're saying is that the use that we have now is
inconsistent with the zoning and, so, that's the cleaning up?
Ms. Gelabert: Right. So, that's the — exactly. So, that's what we're doing. So, we showed them that and
also said that if there were any other concerns, just to call the Planning Department. We'll be more than
happy to...
Commissioner Teele: Ms. Gelabert, thank you for taking time and explaining to those ladies. Thank you.
Thank you. I would move the...
286 December 14, 1999
Vice Chairman Gott: Do I have a motion?
Commissioner Teele: I would move the item, Mr. Chairman,
Vice Chairman Gort: Moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: OK. Read the ordinance. Roll call.
An Ordinance Entitled —
AN ORDINANCE AMENDING PAGE 12 OF THE ZONING ATLAS OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM GOVERNMENT AND INSTITUTIONAL TO MULTI -FAMILY,
MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 6110 NORTHWEST 12"" AVENUE; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Winton, and was passed on
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Note for the Record: At this point, the City Commission closes consideration of the Planning and Zonin
portion of the agenda to consider items from the Regular portion of the agenda. g
-MURITY ITEMS.
Vice Chairman Gort: That takes care of the PZ, and thank you all. I've got my second wind so what do you
guys want to do? I mean, I'm ready to order breakfast and.
Commissioner Teele: Mr. Chairman, I think we know — we have a colleague that — I mean, we all have
schedules, so we have a colleague that does work in the evening ht, and I think wneed to be very
mindful of that. And one of the things that I think the County did do is' hat, on Tuesday nigh ts, they didn't
stay late. They were going to stay late; they stayed the night on Thursday. Because what you wind up doing
is burning your whole week — your tempo, so I don't know how you want to handle it and I would ask — I
287 December 14, 1999
think Commissioner Regalado should make a recommendation because he really is the person who — one of
the schedules we need to work around, as well as Commissioner Winton.
Vice Chairman Gort: Right. I think there's a couple of more items that we need to clean up. One is the — my
understanding is, it's an item from the administration. They can make some money for the Commission and
for the Convention Department. Also, I don't know if you guys want to deal with Miami Capital today. I
think we have a deadline with Miami Capital.
Commissioner Regalado: Yeah. But you know what happens, Mr. Chairman, is that, look, I don't mind. I
have to leave here at 3:30 a.m., OK. I don't mind. But I think that we need time to do some of our issues.
Our issues have been deferred for months, months, and it is unfair to us that we cannot do our issues and we
cannot discuss, with time, those issues. So, you know, I would ask the Commission to come back — if we're
going to do a Friday thing, you know, we'll try to do some things on Friday. If not, you know, we'll keep
deferring things. But, you know, I don't mind staying here. I don't mind staying here, but it's not — we're
not going to do the whole agenda, and we always...
Vice Chairman Gort: Let's do this.
Commissioner Regalado: ...wind up deferring some.
Vice Chairman Gort: Let's do this. On Friday, I know we made a commitment to make it just one item. On
this agenda that we have here, how many items is essential that we have to do before the end of the year?
Mr. Donald Warshaw (City .Manager): Before the end of the year? Commissioner, I need a couple of
minutes to go through the items.
Commissioner Regalado: No, no, no, no.
Vice Chairman Gort: OK.
Commissioner Sanchez: Well, wait a minute. We're going to meet Friday anyway at 9 o'clock here?
Vice Chairman Gort: Nine thirty.
Commissioner Sanchez: Why don't you come with a list prepared to discuss some of the items. Then, what
we could do is, when we're done discussing the important items, the ones that we're not going to address, we
could pass on to January and, then, each Commissioner will have an opportunity to present their items.
Commissioner Teele: Mr. Chairman, I hear what Commissioner Regalado is saying, and I've said this. I've
presided over Commission meetings. Let me tell you something. What we're doing to ourselves is so unfair.
We spend time on every issue for everybody, but the legislative issues never really get discussed; they never
really get dealt with, and to be very honest with you, a lot of people don't want the policy items to come up.
So, what Commissioner Regalado is saying, I'm in agreement with, but I think the first thing we do is we deal
with issues — if we come in here at 9 o'clock, let's deal with issues for two hours that any Commissioners
want to bring up. You know, we keep saying to the Attorney, to the Clerk, to the Manager, what is it you
want us to discuss? We wind up talking about the OEM, the bids for this and the bids for that. And I mean,
you know, that's like busy work. It's an insult really. We spend all of our time on busy work, ratifying
agendas of things that have already been done and debating it and — and we don't deal with the real issue.
We have a mandate. The voters approved an Independent Auditor General. You know, there's been no
discussion on that. That's our issue. That has nothing to do with the Attorney; it has nothing to do with the
Manager; it has nothing to do with the Clerk. That's something that has been created; that reports to the
288 December 14, 1999
Commission, and the fact of the matter is that, you know — I saw a timetable that Commissioner Regalado has
about March 28t" or something, making the final decision. Well, I've got to tell you something: we're going
to make that decision on Friday when we come back here.
Commissioner Regalado: Exactly.
Commissioner Teele: We're not going to —you know, we're no going to play around with the voters. We've
got a series of issues that need to be discussed as to whether or not we're going to put it on the ballot in
March. You know, there may be some hesitancy, to do it. OK, let's vote it down. And the fact — or vote it
UP. But the fact of the matter is that I believe that the citizens of this community want to see this Commission
give them options, and I intend to give them as many options as we can. The issue of Miami Capital, we
need to have some discussion on that tonight because it's going to be a long issue. We need to know which
way the Manager's going and which way we're going so we can have an intelligent response. We cannot
resolve that issue tonight, but it doesn't make sense to leave all of this up in the air and we've got a whole
bunch of people lives involved, careers, et cetera, and we ought to at least know what the Manager's
recommendation is on Miami Capital. The City of Miami has been the leader in having a lending agency.
We either are going to have Miami Capital to continue; we're going to end Miami Capital, or we're going to
do something else. And I think we ought to — we owe it to the public. But these...
Vice Chairman Gort: Commissioner Teele, that's why I asked which items you guys would like to discuss
today and which items you'd like to take on Friday?
Commissioner Teele: I would like only to discuss the Miami Capital item and any other issue that needs —
and I don't think we can come to a consensus on it, but I would at least like to know what our frame of mind
is on Friday when we come back.
Vice Chairman Gort: As I told you, I have my second wind. Used to the military. I can stay up for thirty-six
hours without no problem, so...
Commissioner Sanchez: You're a good man.
Commissioner Teele: You're a good man.
Vice Chairman Gort: He can stay until 3:30, that's OK. Miami Capital.
KING O NGE BOWL` -
1999 CLOSURE OF STREETS ESTABLISH PEDESTRIAN E PARADE ON DECEMBER 31,
FOR: USE `OF PUBLIC RIGHT-OF-WAY GRANT VENDING LRIGH S CONSL; WAIVE ISTENT
FEE
AGREEMENT WITH BAYFRONT PARK MANAGEMENT TRUST; ESTABLISH AN
PROHIBITED TO RETAIL PEDDLERS. NT WITH
AREA
Mr. Warshaw: Commissioner, I did a quick look at the agenda. As to the appointments and the Commission
items, which, of course, as Commissioner Teele pointed out, there are many, many of them. Item Number
35, which is street closure of the Orange Bowl Parade, is really the only one, unless the City Attorneyhas
got...
Commissioner Teele: I would so move it, item number 35.
Commissioner Sanchez: Second.
289 December 14, 1999
D
Vice Chairman Gort: It's been moved and second. Is there any discussion? Being none, all in favor state by
saying "aye."
The Commission (collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-975
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHEMENT (S), RELATED TO THE KING ORANGE BOWL
JAMBOREE PARADE ("PARADE") TO BE CONDUCTED BY THE
ORANGE BOWL COMMITTEE, INC. ("COMMITTEE") ON DECEMBER 31,
I999; PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN
MALL SUBJECT TO THE ISSUANCE OF REQUIRED PERMITS BY THE
POLICE DEPARTMENT AND OTHER DEPARTMENTS REGULATING
SUCH EVENTS; WAIVING THE APPLICABLE FEE FOR THE USE OF THE
PUBLIC RIGHT —OF-WAY FOR SAID PARADE; GRANTING VENDING
RIGHTS TO THE COMMITTEE, CONSISTENT WITH AN AGREEMENT
WITH THE BAYFRONT PARK MANAGEMENT TRUST; FURTHER
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING TH EPERIOD OF THE PARADE, ALL SUBJECT TO AND
CONTINGENT UPON THE COMMITTEE'S COMPLIANCE WITH SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI, INCLUDING OBTAINING INSURANCE TO PROTECT
THE CITY IN AN AMOUNT AND FORM AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNER.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the followin
vote:
g
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None,
L DISCUSSION CONCERNING PROPOSED STRAW BALLOT QUESTION ON MARCH 14 2
:ELECTION REGARD POSED TRANSFER OFF 000
[see Sea #77) IRE RESCUE SERVICES TO MARCH
COU
NTY.
Vice Chairman Gort: What else?
290
December 14, 1999
Mr. Donald Warshaw (City Manager): And the City Attorney has a bunch of settlements.
Mr. Alejandro Vilarello (City Attorney): I have three items oil the agenda, only one settlement.
Commissioner Teele: Anything below a hundred thousand is okay.
Mr. Vilarello: None of those are on the agenda today.
Vice Chairman Gort: OK.
Commissioner Sanchez: None of those are on the agenda today.
Vice Chairman Gort: Then come back on Friday.
Commissioner Sanchez: Come back Friday.
Commissioner Regalado: Excuse me, Mr. Chairman. I would like to remind the Commission that the last
date for any Charter Amendment on the March 101 election is January the 14"i, and if we want to have
something, we have to do it on Friday. We cannot do it — because you have — you need to have it with David
Leahy on the 140i.
Mr. Walter Foeman (City Clerk): Yes, that's correct.
Commissioner Regalado: So, if you guys — I, for one, would like to consider straw ballot question, which can
wait. I think the straw ballot can wait until the 28"'. So, I don't have any problem. But if all the members of
the Commission do want to consider any Charter Amendment, you know, we have to do it on Friday.
Commissioner Sanchez: Yes that could be addressed on Friday, not tonight.
70 PROCEED. WITH, THE TERMINATION .OR WINDING DOWN OF THE AGREEMENT WITH
111IAMI :CAPITAL DEVELOPMENT, INC. AND OBTAIN THE LOAN PORTFOLIO FROM SAID
. .
ENTITY:;.
Vice Chairman Gort: Miami Capital.
Commissioner Winton: So simple.
Mr. Donald Warshaw (City Manager): We have a very brief presentation, and I'd like to make some
comments, then I'll ask Ms. Warren — at the last Commission meeting you directed staff to set out and let
Miami Capital know what some of their options might be. We've prepared a somewhat lengthy letter to
them, explaining to them what actions you took, in writing. And late yesterday — only got it this morning — I
received a copy of the letter that basically is Miami Capital's restructuring plan. So, let me start off by giving
you my feelings, you know, about that. There are a series of items, about nine items in the restructuring plan,
which talks to the issue of involvement by the City. And in reviewing that restructuring plan, it appears to me
that it's more of a partnership with the City. And my feelings are that we're paying Miami Capital to manage
our loans and paying them to perform a service, and I don't see our role as it's been set out in this letter by
Mr. Del Cerro, which, again, I received earlier today. And the City Attorney is going to address some of the
potential liability issues, and has advised me that we should be out of the business of, basically, partnering
and overseeing and being involved with the decisions that Miami Capital, as an independent, autonomous
lending agency, should be doing on their own. The second issue that somewhat disturbs me, is that the last
291 December 14, 1999
meeting, Miami Capital listened to our presentation regarding some of the flaws that we found, some of the
issues in the HUD Audit, and particularly, the issue of the hundred and one thousand dollars ($101,000) that
is owed to the City. Now, I have been — it's been reaffirmed to me by the City Attorney, by the Assistant
City Attorney, and by HUD that that money is owed to the City. I received a letter faxed to the this morning
from Mr. Del Cerro — I'm not going to read the whole thing, but it's basically asking me, City Manager, for
an apology to Miami Capital, and it has some — what I almost consider some somewhat derogatory comments
about the staff, and basically, it's saying that they don't. owe us money anymore. Now, they do owe us the
money. There is no question they owe it to us. We expect to be paid. And I'm not exactly sure where this
eleventh hour surprise has come from that says "We don't owe the money," when they stood there at the last
meeting and acknowledged, not only that they owe us the money, but they acknowledge some of the
problems regarding the issue of the loan, and...
Commissioner Sanchez: And admitted fault.
Mr. Warshaw: This says the main factor was my well-founded feeling that the City Manager and his staff
had some sort of quote, "personal agenda" against MCDI (Miami Capital Development, Inc.), and Olen this
says, "I was intrigued by the discrepancies in the amounts." Why the discrepancy? Because zero plus zero is
zero. And it says, "what may be too much to presume that the City Manager and his staff will apologize to
MCDI, it would appear prudent request that the City Commission request a more competent, green -eye
shade, quote unquote, individual to confirm the findings of our auditors, Watts & Rice, LLP. I'll state again
for the record, they owe us the money. The HUD (Housing and Urban Development) regulation say they
owe the money. The City Attorney has opined and I've asked him numerous times, throughout the day and
evening. So, I'm not exactly sure where that has come from. My recommendation — and I'll give — I think
Mr. Del Cerro should respond to this. It appears to me that Miami Capital has somewhat been disbanded
already. The board has basically resigned, with the exception, I believe, of one or two people. I think the
majority of the staff is no longer there, and it's my understanding that the County and ti►e Empowerment
Zone have gone out for RFP (Request for Proposal) for new living institutions. And I understand with the
Empowerment Zone, the bids have come back. So, my recommendations to the Commission to seriously
take a look at rather than restructuring something that, in effect, doesn't really exist, from the way I see it.
Look at the possibility of maybe piggybacking on one of these bids and, you know, starting the process over
again. I don't think we can be in the business of telling Miami Capital how to restructure. They're
restructuring plan puts too much of a burden on the City, and asks us to do too much, things that I don't think
we should be doing if the City Attorney has advised us to stay away from that area. You want to add a few
things...
Commissioner Regalado: Mr. Chairman, Mr. Chairman.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: You know, I'm very troubled from what the Manager has said, and I'm ready to
abolish, at all, Miami Capital, but to abolish an entity that identify the City and tried to get on the County's
program, it seems to me that this City has been known for giving away everything to the County. And I
would rather use CAMACOL (Latin Chamber of Commerce) or any entity as a lending institution than going
to the County and that is my position. I am not an expert on this lending. You said piggyback on one of the
County's RFP.
Commissioner Sanchez: Not going to the County, piggyback on the RFP of the County.
Commissioner Regalado: Yeah, but what I'm saying is that that also will give the perception that, again, the
City is giving away something, even if we're going to create our own entity. So, that's my feeling on this
issue.
292 December 14, 1999
{
f:,
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Teele: I would like to agree with Commission Regalado for a different reason, but let me say
this. Number one, we cannot abolish Miami Capital. We don't own them; we don't control them. All we
can do is either support them or wish them well and God speed. But on the point, if there is not a Miami
Capital, I strongly support the notion that, if we're not going to support Miami Capital, then we should
instruct the Manager and the Attorney to sit down and work to create an entity that we can basically give birth
to to provide that resource, because the point that Commissioner Regalado is making is extremely important.
If the City of Miami doesn't stand in the gap and provide this support, there is nobody left. We are the largest
city in the State of Florida; the County does not — the County has used Miami Capital, something that the City
created — over the years, and if we don't do it, there is no one else to do it. So, I don't think it should be the
Chamber or CAMACOL. i think we should create an entity that has no obligations or trade association
alignments, because that creates an even bigger and different kind of problem, one that the City — the County
had with something called Contractor's Training Development, CDT or CTD, and I thought the
recommendation was that if we're not going to support Miami Capital — and I still don't know if that's what
the majority of the Commission would like to do or not — then we should instruct the Management and the
Attorney to give us a structure, a transitional structure of something that can be in existence. I would like to
know one thing from the Attorney. Mr. Thompkins approached me today — and he's an accountant of very
good standing, with a very national firm and a person of high reputation — and he offered me some words that
seem to be — I jokingly said, legal advice — and I asked him to talk to you. Did you all confer and could you
just give me, on the record, what Mr. Thompkins—your reaction to Mr. Thompkin audit opinion or his quasi -
legal opinion is?
Mr. Vilarello: I didn't personally sit down with him; however, I had a member of my staff sit down with him
and we went through what is a very interesting issue. In fact, there would be no obligation, either from
Miami Capital or from the City to go back to HUD. We have a disagreement on the interpretation of the
CFRs and we think that that money is still outstanding. Certainly, we had not had an opportunity to confirm
to HUD and if HUD is willing to accept either a waiver of that obligation and/or agreed that that obligation is
not an obligation of the City, we certainly will pursue that, independent of anything that has to do with Miami
Capital and.
Commissioner Teele: And my position is, this is a serious matter and any opinions on this should be reduced
to writing and, with all due respect for Mr. Thompkins, whom I have known personally and have a high
personal opinion for, I think if he's got an opinion on this matter, since we're obliged by the law to rely upon
our attorney, you should reduce that to writing and give him the opportunity to respond. I guess the question
that reoccurs — oh, the second issue I asked you to research was the Disella Law, the Ronnie Disella Law
was it Disella, Disella — that I asked you to research in relation to Miami Capital and, that is, it was my
understanding that the Ronnie Disella Law provided the no director of a not -for -profit could receive payment
or compensation, and you said you would look into it. I noted in the memo today, again, -- ma'am? I noted
again in the memo today — now, if that's a Florida law — so, if this is a Delaware Corporation, it may or may
not apply. But in the memo today it, again, said that the president was also the acting chairman and was also
one of the directors who had not resigned, which is fine, and again it raises the question, do you have
directors who are receiving compensation? And I raise this question in the context, not to be mean spirited,
but of the Ronnie Disella Law, which I thought provided that, in a Florida corporation, a director may not
receive compensation, and I may be wrong on that point, and I — again, I would ask that. The question, Mr.
Chairman, is, what is the sense of this Commission, in light of the Manager's recommend...
293 December 14, 1999
0
Vice Chairman Gort: Commissioner Teele, the motion, that was made by yourself, approving this to come in
front of us today was for the administration to come back with their plan, but also their own proposals so we
can select with the two of them. So, I don't know if the administration had put their own plan together.
Ms. Gwendolyn Warren (Director, Community Development): The direction from the Commission was that
Miami Capital would be given an opportunity to present a plan to you.
Vice Chairman Gort: Right.
Ms. Warren: And that staff was directed to put together articles of corporation bylaws to establish a — that
has been done. Then we, again, recommended a third option, which is a possibility of piggybacking on an
RFP, which, again, the Commission is not predisposed to.
Vice Chairman Gort: So, instead of two options, we're going to be having three options.
Ms. Warren: Well, that was — those were the options that were presented, and I think the Commission...
Mr. Warshaw: We would need — if you chose to follow the recommendation, we would need your
authorization to act — meaning the City act in this interim period of time.
Commissioner Teele: Well, you need that anyway.
Ms. Warren: Yes.
Mr. Warshaw: Correct.
Vice Chairman Gort: Yes.
Commissioner Teele: I mean, you see, this is the point. I would move, at the time the Chairman gives us the
author — me the authority, I will move to recapture all of the funds from Miami Capital and to — for the City
Finance Department or as the Manager directs — to assume the responsibility of the Loan Portfolio for the
entire City of Miami accounts at Miami Capital, at the time — that's how you — I think you get into this
position. Mr. Manager, Mr. Attorney, I want your agreement or disagreement.
Mr. Vilarello: Yes, sir. You need to authorize the City Manager, the City Attorney to proceed with
termination proceedings with our agreements with Miami Capital and all the necessary authority to proceed
to transfer the portfolio to the control of the City. I assume staff is going to supervise the portfolio.
Ms. Warren: We've already done the inventory.
Commissioner Winton: Second the motion.
Commissioner Teele: Well, I didn't make it.
Commissioner Sanchez: Wait, wait, wait.
Commissioner Teele: I'm just trying to understand it.
Vice Chairman Gort: Commissioner Sanchez.
294 December 14, 1999
Commissioner Sanchez: Before we make any motions, i mean, I think we owe Miami Capital to say a few
words. I think that the recommendation of the City Manager has made; I am very comfortable with. One is,
you know, reading the letter that was addressed to us, the entire board has basically tendered their resignation.
There's only two people involved. From the past incidents that we've had, Miami Capital has maybe fallen
short of their goals and it's on the record of the — not the wrongdoing, but the differences of opinion on many
issues. Mr. Teele, one of the statements you made, which is to wish them well and God be it, and it may be
the best interest of Miami, but I — Miami Capital. One of the things that 1 want to address — and I said it the
last time that we had an opportunity to speak on this matter is that, whatever we do, we should keep the
politics out of it. So, your recommendation of basically waiting for the County to put out the RFP and us
piggybacking — if they put it out already.
F
Mr. Warshaw: And, Commissioner, that was just something I wanted to throw out to give you some sense of
what has happened with pretty much their major clients. But I'm not suggesting that we piggyback on the
County's RFP. And I agree with Commissioner Regalado. I think we should really create an entity that
probably is more identifiable with the City.
Commissioner Sanchez: I don't have a problem how you want to handle it. If you want to go forward and
terminate the agreement that we have with them and then to have our staff or whoever is responsible for it run
it for a while, but I think that — you know, for the last — they have not given out a loan in almost a year or
certain period of time. You're talking almost a year and a half that they have not given out a loan, and 1 think
that during that whole process, I think that small businesses are suffering in our community and we're not
providing assistance to small businesses that need it. So, I would follow my colleagues on this. We have
three options we could select from and I'm willing to sit back and, not only make the motion to terminate it,
but we have to, but also to seek the best option that we have to move forward.
Vice Chairman Gott: The more options that we have — and, Mr. Del Cerro, I'll give you an opportunity to
speak in a minute. But, Commissioner Teele, I remember what the Finance Department was making some
presentation in here, you were very much impressed by a young man because of the eye glasses that he was
wearing, and I see you haven't mentioned anything about Commissioner Sanchez's eye glasses and his new
look. Mr. Del Cerro.
Mr. Juan Del Cerro: Well, let me — first of all, good evening. Thank you for waiting so long to take up our
item. In the matter of the one hundred and eight thousand dollars ($108,000), when we left here the last time,
I reread and I watched the video of the meeting, given to me by Dan Fernandez, in which Mr. Sanchez
mentioned a blue print; Mr. Vilarello mentioned a road map, and in preparing our reconstruction —
restructuring, I followed that to the letter. Number one. Number two. In the matter of the hundred and eight
thousand dollars ($108,000), that's been in the paper twice. I have been called a thief. I've had people to
stop me and ask me where I've taken — where I've put the money that I stole from the City of Miami. And in
restructuring this — Ron is our auditor. And I said, you know, Ron, it's very interesting because I was asked
to meet -- by the Manager to meet with one of his staff members. I didn't meet with his staff members. I was
ambushed by staff members. I was ambushed by Gwendolyn Warren and by the young lady from the
Attorney's Office, demanding the payment of the money. So, I was curious why, after all this time, this
hadn't come up? Ron is a respected, as you said, CPA (Certified Public Accountant), Auditor, and I said,
Ron, you work for us. Tell me if we owe it, we have to pay it. I said that. But I was curious why we had
ninety-eight thousand dollars ($98,000) in one audit and hundred and one thousand dollars ($101,000) in the
other audit? It just didn't jive.
(Inaudible comments not entered into the public record).
Mr. Del Cerro: Yeah, but it's not three — it's three thousand dollars ($3,000) difference in tax payer's money,
that Miami Capital is technically liable for. So, I requested, respectfully, from the Chainnan of the
295 December 14, 1999
Commission to allow Mr. Thompkins to give you a brief explanation as to why I wrote that letter, and why —
we met today for the first time. We met with the City Attorney. We have not met with him before. So, I
would please ask you to listen to what Mr. Thompkins has to say, if only for two seconds. OK. Well, two
minutes. Two seconds is fast.
Mr. Ron Thompkins: Good evening, Mr. Chairman and members of the Commission. We were asked by
Miami Capital to give an accounting opinion regarding the HUD regulations as they pertain to program
income. I know the hour is late, but without getting into the technicality of the regulations, I would just like
to indicate that there are two instances the regulations speak to as regards to return of funds. One is interest
earned on grant advances, and the other one is program income that exceeds a computation that the City has
to annually make every year to determine if they have excess program income. The interesting thing in the
regulations as they pertain to the definitions of program income, they basically indicate what is included in
program income and also what is excluded in program income. To give also historical background, as many
of you know, Miami Capital has been in existence some almost twenty years. Initially, when the program
was funded through the auspices of the City, the monies that they received from the City that comes from the
Treasury, the U.S. Treasury, through HUD, goes through a series of evolutions. As the monies are pulled
down by the City for use by Miami Capital, they become grant advances, and the regulations are very clear.
Any interest you own on grant advances, those interest — monies have to be remitted back to HUD, and they
never again come back to the City. Those are reprogrammed back into the federal institution. However,
program income -- and the regulations are specific as to what they include in the definition of program
income. One of the other things that's interesting in the regulations is, a specific regulations that deal
specifically with sub recipients who receive principal and interest repayments for monies that have been
previously loaned, using program income to make the loan. And there is — we discussed this regulation,
specifically, with Ms. Temchin during our break today, and she agreed that this correct — in the annual
computation that has to be made every year to determine which funds are due back to the Treasury, she
specifically agreed that those monies are excluded; however, she felt that there was a regulation that should
be at the City level and not at Miami Capital level. However, one of the things that we want to indicate, that's
the only provision that would be a trigger — in Miami Capital is drawn out request that they make in
connection with loans, the grant advances, Miami Capital typically makes grant advances in such a way that
those advances only stay at Miami Capital for anywhere from two to three to five-day window, and those
grant advances are only made in connection with specific loans. In other words, Miami Capital has no grant
advances on their books and, therefore...
Vice Chairman Gort: My understanding — I can understand everything
4 r'
ryt � g you re saying. My understanding is, HUD did an audit. HUD audit says, "Miami Capital owes ninety-eight thousand dollars ($98,000)."
Mr. Thompkins: In the audit that was done by the OIG in 1997, what HUD's concern was, before you can
expend, draw down more monies from the federal government, you have to expend what they consider to be
program income. Program income in Miami Capital's case would be that return of principal and interest that
Miami Capital has collected from loans that have previously been made out. The HUD wants Miami Capital
to expend those monies first, in terms of loans before you can draw down more money from the feds. In the
particular audit that was done by the OIG in 1997, in the HUD application for funding that the City made, the
City indicated in that application they intended to draw down five hundred and sixty thousand dollars
($560,000) to be given to Miami Capital to make new loans; however HUD indicated in their audit Miami
Capital still had grant — program income available. In the actual operations for Miami Capital that year, the
books are very clear that Miami Capital expended that program income and never did draw down those
monies from the US HUD.
Vice Chairman Gort: So, what you're saying is, you're not in agreement with the audit conducted by HUD?
Mr. Thompkins: I'm not in agreement with the audit conducted by HUD.
296 December 14, 1999
Vice Chairman Gort: In other words, you're willing to challenge the — do you think the City can challenge
that audit and we can say we don't owe the money?
Mr. Thompkins: Exactly.
Vice Chairman Gort: OK.
Commissioner Sanchez: Wait a minute. Wait a minute.
Vice Chairman Gort: Well, let me get to my staff. Our staff.
Commissioner Teele: Yeah, but, Mr. Chairman, you know, I don't think we ought to debate. I think, if he's
got that point, I think we ought to accept it; we. ought to ask him to put it in writing; we ought to then have
our Attorney and our External Auditor to review it, and whatever it is it is. I mean — but that doesn't change
the dilemma that we're confronted with today. And I guess the concern that I have is that I thought the
management and Miami Capital were negotiating — were having discussions, and I'm hearing now that there
weren't — did you all try to meet?
Mr. Del Cerro: With the exception of the very courteous, kind treatment I have received from John Lindsey
and from Donald Warshaw, I was treated...
Commissioner Teele: Don't get John killed.
Mr. Del Cerro: I was treated like a criminal by Gwendolyn Warren and by the lady from the Attorney's
office. I told you that. I was asked to give back a hundred and eight thousand dollars ($108,000), which...
Vice Chairman Gort: Mr. Del Cerro, if you recollect — and I have a very good memory. But my
understanding is, you stood there and you said, "I do owe them money."
Mr. Del Cerro: Yes, I did. Well — OK, OK.
Vice Chairman Gort: " I will pay the money", and that's in the record.
Mr. Del Cerro: You're right. You're right. You're right. You're right.
Vice Chairman Gort: Am I correct?
Mr. Del Cerro: You're right.
Vice Chairman Gort: You made that statement. Am I correct?
Mr. Del Cerro: You're right. You're right. You're right. You're right.
Vice Chainnan Gort: OK.
Mr. Del Cerro: Then we met...
Commissioner Winton: And we confirmed that.
Commissioner Sanchez: Yes,
297 December 14, 1999
9 �J
Mr. Del Cerro: You haven't confirmed it.
Commissioner Winton: No. At that meeting we confirmed it.
Vice Chairman Gott: On that day, we did, in the meeting.
Commissioner Winton: And said that we had to collect that money.
Mr. Del Cerro: No. I said that, but you have not confirmed it because there's a gray area now.
Vice Chairman Gort: Now...
Mr. Del Cerro: He's going to find out. Yes, there is.
Vice Chairman Gort: Now, but not at that time, OK?
Mr. Del Cerro: Maybe I saved the City a hundred and eight thousand dollars ($108,000).
Commissioner Teele: Yeah, you may — and I agree that you may have, but I don't think that's the issue of the
moment.
Mr. Del Cerro: But I did not meet -- Mr. Teele, to respond to you.
Commissioner Teele: I think the issue of the...
Mr. Del Cerro: I did not meet with any City administrator in discussing Miami Capital's restructuring. No,
sir, I did not.
Commissioner Teele: The issue of the moment is, did you all present a plan to the City Manager in sufficient
time? You know, we had that loan meeting; you all — you know, there were requests for meetings, and I
didn't feel it was appropriate to meet because we had instructed you all to work with the Manager. Did the
management get a revised plan from Miami Capital?
Mr. Del Cerro: They got a revised plan yesterday, and I'll tell you why.
Commissioner Teele: OK.
Mr. Del Cerro: It took me — you have to give me a chance to explain. When I met you — I stayed — you came
— when I came here to you and I told you what had happened, all of you said, go back; meet with your board,
and have them all resign, except two officers. I did that last Tuesday. I was here and I spoke with the City
Attorney and the City Manager and they asked the to stay until today. Actually, until yesterday, starting
12:05 in the morning. No, I did not meet with the City Administration discussing this plan. There wasn't
enough time, Mr. Teele.
Commissioner Teele: Well, I'll just say this. You know, I think having — I think the board resigning is a very
important first step, if that was the option that the board wanted to take.
Mr. Del Cerro: Yes, sir it was.
298 December 14, 1999
Q 9
f
Commissioner Teele: Because we couldn't direct you all to resign, but I think the point here is that, if we
wanted to start out clean with the Miami Capital shell, there seems to be a lot of concern about liabilities and
those sorts of things, but at the end of the day, you know, I think those are just sort of non business, artificial
concerns because Miami Capital's core business has been with the City of Miami. Any persons that you all
have hurt, if any, are citizens of the City of Miami and we're going to be confronted with those issues with
those people, like the lady that was here again. So, I mean, you know, whether or not we use the shell of
Miami Capital to move forward or create a new Miami Capital, a Millennium Miami Capital, I mean, that's,
to me, to be almost an exception without a difference with a distinction without a difference, if, in fact, the
vast majority or all of the board members, but one or two, have resigned. I guess my frustration is that 1
would have hoped that you all would have come in with a plan that would have been comprehensive, and you
would have given it to the Manager in writing.
Mr. Del Cerro: We had two questions to answer, Commissioner Teele and Commissioner Winton. One was
the question of the money owed to HUD. In doing this, in preparing the new budget — I'm not an accountant,
Mr.Thompkins is — and 1 put in the letter "I was curious." I was curious. What is right and what is wrong?
He tells me, in his opinion, as a CPA, Miami Capital doesn't owe it. You're wrong, Juan Del Cerro. The
City may not owe it. You're wrong, Don Warshaw. Very simple. Why are so willing to give up a hundred
and eight thousand dollars ($108,000)?
Commissioner Teele: Because that's — no one is willing to do that. That's not the issue. And we...
Mr. Del Cerro: Well that was one of the issues there.
Commissioner Teele: We have agreed in the past on matters with federal HUD and then we've gone back six
months later, a year later, and basically taken a different position. I mean, I think, as research comes in, we'll
do that. But that doesn't change and color the very, very real problems that Miami Capital has. And I guess
the question is, are we prepared tonight to say that we want to continue with Miami Capital? I'm very
comfortable saying that I think the entire loan portfolio and voting tonight that the loan portfolio that the City
of Miami has with Miami Capital should be transferred, and in doing that, I am recognizing that the City has
a horrendous portfolio problem. I mean, we've had an argument or a contract out for over a year that I don't
even know if it went out to bid. It went out to bid, and we didn't get bids on just the bad loans of the City. I
mean, that was something like — what was it, sixty million dollars ($60,000,000) or thirty million dollars
($30,000,000)? And did that bid ever go out? We were supposed to have gotten a report back in August or
June or July. Ms. Henry, where is that? I mean — because if we're going to take back loans -- you know,
we've got this huge trail of loans — you remember when Ms. Weatherholtz first came in, we had this bid out
on the street of somebody to come in and do this, take it over, and then they couldn't quantify. There was not
aging on the loans. Loans were missing and all that. And they were going to come back in June/July and
give us a report. What's the status of that?
Ms. Bertha Henry (Assistant City Manager): Commissioner, I will have to get that information for you. As I
understand it, the RFP was drafted and went out, but I'm not sure where it stands after that.
Mr. Warshaw: We'll get that for you.
Ms. Henry: So, I'll have to get back with you on that.
Commissioner Teele: The Purchasing Director is right here.
Ms. Judy Carter (Director, Purchasing): Yes. We have issued that...
Vice Chairman Gort: Who are you?
299 December 14, 1999
e
Ms. Carter: Yes. It has been issued and it is...
Vice Chairman Gort: Who are you?
Ms. Carter: Oh, I'm sorry. Judy Carter, Purchasing Director. And we did issue an RFP for debt collection,
and that is right now with the Finance Department.
Commissioner Teele: So, the bids are back in?
Ms. Carter: Yes
Vice Chairman Gort: Thank you. OK.
Commissioner Teele: Mr. Chairman, I would move that the loan portfolio, that is currently with the City of
Miami — Miami Capital — with Miami Capital be returned to Miami — to the City of Miami from Miami
Capital, and that the Manager be instructed to wind down all business activities with Miami Capital in an
orderly manner.
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: It's a move and second. Discussion.
Commissioner Regalado: Discussion.
Vice Chairman Gort: Yes, sir.
Commissioner Regalado: That would be on a temporary basis.
Commissioner Teele: That's a temporary basis.
Vice Chairman Gort: Temporary base.
Commissioner Regalado: That should be included. Because we are creating another entity.
Mr. Warshaw: Correct.
Commissioner Regalado: So, that — another entity which would be under which part of the government?
Because — I mean, like you said, we had had a very bad history in the loan department and.
Mr. Vilarello: Commissioner -- and I didn't get a chance to speak to it. The Manager spoke to it briefly. My
recommendation would be that you contract with an entity that is going to provide this service to the City, as
opposed to creating a corporation, which is a wholly controlled by the City itself You want to separate the
liabilities to a corporation, which is independent, which has independent fiduciary responsibilities, much like
Miami Capital did, where they act independently of the City and provide contractual services to the City.
Commissioner Teele: Mr. Chairman, my comments have always been along those lines, so I don't know
what the Attorney is responding to. But someone has got to create an entity, The City of Miami has the legal
power to create an entity, that is, to make the initial appointment of boards of directors, the same way we
300 December 14, 1999
have Off -Street Parking, the same way we have essentially with Miami Capital. You know, the truth of the
matter is, if anybody ever reads the bylaws of Miami Capital, the board members of Miami Capital had to be
approved by this Commission. We just never did it, and 1 never read — I never called the issue, but that's
what the previous attorney gave me an opinion on. I believe that we can create an entity — when I say create,
we can authorize an appointment — an incorporation of an entity, and in the bylaws require, just like with Off -
Street Parking, just like any number of — DDA (Downtown Development Authority), with any number of
entities, we require that the board of directors of that organization be submitted annually to this organization
for ratification, as a part of their bylaws and in the incorporation. But we wouldn't own it. It would be a not -
for -profit controlled by those directors, the same way Off -Street Parking or the same way the DDA is.
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: Yes, sir.
Commissioner Sanchez: If I —just to get this to an understanding. Commissioner Teele, your motion is to
authorize the City Manager to manage the portfolio. In other words, turn the portfolio to the City Manager
and have him manage it for a temporary basis until we're able to implement a...
Commissioner Teele: A plan.
Commissioner Sanchez: ...a plan. Well, if we're going to do that then, I think that we should also, you know,
either add to your motion authorizing the City Manager or the Attorney to proceed with the termination of
Miami Capital, if we're going to do that.
Commissioner Teele: But we can't — see, that's the point. We don't own Miami Capital. We can't terminate
them. We can terminate the agreement.
Commissioner Sanchez: Terminate the agreement. Yeah, the agreement.
Commissioner Teele: But that's what I said. To wind down in an orderly fashion, whatever agreement there
is.
Commissioner Sanchez: Well, that's the difference between wind down and say, hey, you know, terminate
the agreement.
Commissioner Teele: Well, if you want to use the word terminate, that's fine. But wind down to me means
to bring it to an end.
Commissioner Sanchez: If we're going to turn the portfolio over to the City Manager, we might as well just
cut the services or terminate the agreement. So, let's put it in writing. You know, let's put the fine print on —
let's complete every — put everything in writing. So, is your motion to turn over the portfolio to the City
Manager? I would, you know — an amendment to that that will be authorizing the City Manager and the City
Attorney to proceed with terminations of the agreement between the City of Miami and Miami Capital.
Vice Chairman Gort: Mr. Manager.
Mr. Warshaw: Just some direction. During the interim period of time, do the Commission want to authorize
the administration to begin some kind of a process of either competitive negotiations or RFP to look for some
other entity to take this over or do you want us to just to continue to operate on an interim basis? I mean, I
just want some direction,
301 December 14, 1999
Commissioner Sanchez: I think we should put out an RFP and have it competitive, and as quickly as
possible, get the process going.
Commissioner Teele: With all due respect, I've been in this state, from Pensacola to Key West, there is no
one in this state — we've had RFP after RFP. What you're going to wind up with is the same thing that
happened with the SBA and with the Department of Commerce Business. The big "A" audit firms are going
to come in here and they are going to wind up bidding over this kind of stuff and you're going to lose all of
the whole concept of local, minority, small business lending, and I'd rather do nothing than turn into
something that just basically winds up being — something that nobody is responding to anyone. It's not -- the
community that I represent won't even get access into them. They came in when the -- federal government
went into that process, the big eight firms, the KPMG, even the firm you're with. What's that firm that
you're with? Big firm.
Mr. Thompkins: Watts&Rice.
Commissioner Teele: No, no.Watts&Rice. They're a big eight firm, at the tirne out of Washington, Boston.
They came in and ran these centers, and it was very difficult to get services.
Commissioner Regalado: That's why I said, Commission, CAMACOL, as an entity that could create, but
doesn't have to be CAMACOL. It has to be local because if it isn't local, people --even the perception is that
they won't have the access. So, it has to be local and it has to out of the City of Miami government. So, that's
why...
Vice Chairman Gort: OK. We have a motion. Understood. Call the — it's a motion, resolution. All in favor
state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays. Thank you, gentlemen. Do I have...
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-976
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER AND THE CITY ATTORNEY TO PROCEED WITH THE
TERMINATION OR WINDING DOWN OF THE AGREEMENT WITH
MIAMI CAPITAL DEVELOPMENT, INC. AND OBTAIN THE LOAN
PORTFOLIO FROM SAID ENTITY; FURTHER DIRECTING THE
MANAGER TO COME BACK WITH A PLAN FOR FUTURE
HANDLING OF SAID LOAN PORTFOLIO.
302 December 14, 1999
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P
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Look, we haven't loaned in the last year, right? Let's let the new Mayor worry about
this thing. I mean, you know, let's come up with something; let's put some options on the table and -- you
know, it's only ninety days away. So, you know, let's just get it clean — it's going to take ninety days to clean
up and figure out what's in the loan portfolio and what's not, so let's...
Commissioner Sanchez: Mr. City Attorney, what was the motion?
Mr. Vilarello: A motion authorizing the City Manager, the City Attorney to proceed with termination or
winding down of the agreement with Miami Capital and the City, and authorizing — directing the City
Manager to come back with a plan for the future handling of the portfolio.
71..(A) CONTINUE'. CONSIDERATION OF ` AGENDA ITEMS NOT TAKEN UP TODAY TO
DECEMBER 17, .1999;
(B).PROV11D8 FOR NI ONPARTISAN PRIMARY. ELECTION ON MARCH 14, 2000 FOR MAYOR,
AND A °:LATER GENERAL MUNICIPAL ELECTION (RUNOFF) _ ON MARCH 28, , 2000, IF
NEEDED.'[see Sec. # 74 and 761
(C) (( );I VIENTS RE MIAMI CAPITAL. [see Seca # 70]
Commissioner Teele: Mr. Chairman, one final issue for me. Speaking of this thing, now, what about this
item on the agenda relating to qualifying? Can we legally qual — can people legally qualify right now? Do
we have to do anything?
Mr. Walter Foeman (City Clerk): Well, we haven't called the election formally. I feel a little uncomfortable
— people have been actually opening campaign accounts, but they haven't fully qualified.
Commissioner Teele: Isn't there an item on the Attorney's list — what's that item?
Mr. Foeman: It's Item 34.
Mr. Vilarello: It's under the City Clerk that— that is an item that— if you could pick it up —take it up today, it
just calls for the election on March 14`' and March 28`h.
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved. Second. Is there a second?
Commissioner Regalado: Discussion.
303 December 14, 1999
0 (D
Commissioner Winton: Second.
Vice Chairman Gort: it's been seconded for discussion purposes.
Commissioner Regalado: OK. In the related matter, Mr. City Attorney, what is the status of the legal case
that is before the court or it's supposed to be before the court? Do we have a timetable that you can tell us?
Because the reason is that people on the street are asking whether or not there is an election, and I — frankly, I
don't know what to say. I think — you know, I tell them that I think and that I hope, that I want, but it doesn't
— so, can you give us detailed information?
Mr. Vilarello: Certainly. The answer to that question, of course, Commissioner is that there will be an
election on March 14s', with a runoff, if necessary, on the 28'h. Unless the court of competent jurisdiction
changes anything, which we will have an order to that — we would have an order to that effect
will take place on March 14". —that is what
Commissioner Regalado: We all know that. But, I mean — what I'm asking is, what are you doing and the
attorney that you hired so we can say, "The court has said that there is going to be an election"?
Mr. Vilarello: I can tell you what the status of the litigation is right now. The case has taken two courses.
The Firefighters litigation has been appealed to the Florida Supreme Court and jurisdictional briefs have been
submitted. The Mayor's intervention into the same lawsuit is proceeding, and the City's motion to dismiss is
scheduled for hearing at 9:30 Friday morning. Judge Smith will consider our motion on Friday morning, and
either rule to dismiss that litigation or to proceed into the future. At this point, no fiirther hearings have been
set.
Vice Chairman Gort: OK. Thank you.
Commissioner Teele: Mr. — on the motion. Would you just sort of give us sort of a written update on that on
Friday, if YOU can, or have the attorney that you've hired? One of the two of you just...
Mr. Vilarello: With regard to?
Commissioner Teele: The status of the case.
Mr. Vilarello: Oh, certainly.
Commissioner Teele: I mean, a lot of people are asking the question and we need to have something that we
can...
Mr. Vilarello: Yes, sir.
Vice Chairman Gort: I have a question on this termination of the Miami Capital.
Mr. Juan Del Cerro: May I — I have a question.
Vice Chairman Gort: Winding down and winding down, do we need to maintain someone under our staff to
work with our staff? And I think that's the question you're going to be asking,
304 December 14, 1999
0
Mr. Del Cerro: May -- I'd like to ask a question. Mr. Teele, Mr. Teele, Mr. Sanchez, you all set up — you all
mentioned a 90-day wind down period and all that. May ` ask — because I will no longer be the president of
Miami Capital. I think I can finally say that. You all accepting my resig — my notifying you of my leaving.
Commissioner Teele: We can't accept your...
Mr. Del Cerro: I know that. I know. I'm just making a comment. May we have 90 days reasonable
expenses to wind down this contract? It's not as easy as going in there and pulling out all the files.
Commissioner Teele: Well, that's up to the Manager. I mean that's why...
Mr. Del Cerro: No, no, I'm asking the Manager. May we have that?
Commissioner Teele: I don't think he can tell you that.
Vice Chairman Gort: He'll sit down with you and he'll work with you.
Mr. Warshaw: And let me say on the record so — good question. And if you want — because I know you said
several times you have trouble meeting with us. Why don't we arrange for you or someone from your staff to
meet to discuss that tomorrow?
Mr. Del Cerro: OK.
Mr. Warshaw: All right. You'll be able to tell us exactly what it is that's involved in this wind down period,
what it's going to cost. So, we'll do it tomorrow.
Mr. Del Cerro: OK. I'll tell you right now. I won't be here.
Vice Chairman Gort: Well, we'll do it tomorrow.
Mr. Del Cerro: OK.
Mr. Warshaw: OK.
Mr. Del Cerro: Al I right. Thank you.
Unidentified Speaker: Is that today or tomorrow?
Mr. Del Cerro: Oh, no. That's not tomorrow. That's today. It's already 12:20.
Mr. Warshaw: Well, today. Correct.
Vice Chairman Gort: Right. OK. Thank you. We're going to continue this meeting to Friday, 9:30 in the
morning.
Commissioner Teele: Nine a.m.
Vice Chairman Gort: Sorry, sir. I have an 8:30 meeting. I won't be able to be here until 9:30.
Mr. Vilarello: Commissioner, you already set a 9:30 special meeting.
305 December 14, 1999
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011-7
Commissioner Teele: All right. Then, let's move this meeting to 9:35. If we have a 9:30 meeting, then this
becomes 9:35. I would move that this meeting be recessed or adjourned until 9:35 on Friday.
Mr. Vilarello: Continue. Not adjourned, continued.
Commissioner Sanchez: Continued.
Vice Chairman Gort: Continued.
Commissioner Teele: Continued.
Vice Chairman Gort: It's been moved and second.
Commissioner Regalado: Second.
Vice Chairman Gort: All in favor state by saying "aye."
The Commission (Collectively): "Aye."
Vice Chairman Gort: Thank you.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-977
A MOTION TO CONTINUE CONSIDERATION OF ALL AGENDA
ifEMS NOT TAKEN UP ON THIS SAME DATE TO FRIDAY,
DECEMBER 17, 1999 AT 9:35 A.M.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
"ayeVice Chairman Gort: Listen now. The City Clerk did not hear the motion on 34. All in favor state by sayin
."
g
The Commission (Collectively): "Aye."
Vice Chairman Gort: Thank you.
306 December 14, 1999
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-978
A MOTION MAKING PROVISIONS FOR HOLDING A
NONPARTISAN PRIMARY ELECTION ON MARCH 14, 2000 FOR
THE NOMINATION OF CANDIDATES FOR THE OFFICE OF
MAYOR, AND FOR HOLDING A LATER GENERAL MUNICIPAL
ELECTION (RUNOFF) ON MARCH 28, 2000,1F NEEDED.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:22 A.M. ON WEDENESDAY
DECEMBER 15,1999 AND RECONVENED ON FRIDAY, DECEMBER 17,1999 AT 9:51 A.M. WITH
ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT
COMMISSIONER TEELE.
Note for the Record: At 9:40, Commissioner Regalado made the following announcement:
Commissioner Regalado: For the people watching channel 9, on your screen it says 9:30, Special
Commission Meeting: 9:35. FolloNv-up of the Commission meeting that we didn't finish. We are waiting
for Vice Chairman Gort and Commissioner Teele. We would rather have a full board to start the special
meeting. So, it will be a few minutes before we start. But it would be first the special Commission
meeting and then the continuation of the meeting of last Tuesday. So, we'll be back in a few minutes.
UALL PKOPERTIES AND, LEVY.:RESTAURANTS (BPL), APPEARS TO BE IN
COMPLIANCE WITH FIRST SOURCE HIRING AGREEMENT MADE WITH THE CITY.OF TylIA1VII'`
RELATED_ TO T'HE NEW AMERICAN AIRLINES ARENA; FURTHER DIRECTING THE CITY
Ib1ANAGEIt TO INSTRUCT DESIGNATED STAFF FROM COMMUNITY
DEVELOPMENT/WORKFORCE DEVELOPMENT DIVISION TO WORK CLOSELY WITH THE
116 INDIVIDUALS WHO WORKED FOR THE OLD MIAMI ARENA AND ARE CURRENTLY
DISPLACED.
Vice Chairman Gort: Good morning, everyone. I apologize for being late but, unfortunately, I was in
another meeting in DDA (Downtown Development Authority). At this time we will have the invocation
by Commissioner .Regalado.
Air iiivocadoit was delivered by Commissioner Regalado, who led those present in a pledge of
allegiance to the flag.
307 December 14, 1999
n
Vice Chairman Gort: Mr. Manager, my understanding, last time we wanted to call this meeting to order,
presentation was made by the union, the people represented by the union and today we're going to give
opportunity to the Miami Heat to respond to some of the questions that were raised. Is Commissioner
Teele here? Let's wait.
Commissioner Sanchez: No, we could start. I mean, he'll get here. We've been waiting since 9:35. Mr.
Vice Chair, what are your wishes?
Vice Chairman Gort: Let's go.
Mr. Jay Cross: Good morning, Commissioners. My name is Jay Cross, president of the Miami Heat and
Basketball Properties limited, our real estate subsidiary that's responsible for the design, construction, and
operation of the American Airlines Arena. We understand that, as a result of the meeting on Tuesday,
you wanted to have us come speak to you today with respect to our work under the Miami First Source
Hiring Agreement, and I think its important to go back a little bit in history and understand how the First
Source Agreement works. It really falls into 2 phases. The first phase, which was construction, which
we're obviously nearing the end of, and then it moves into a second phase, which is operations. During
the construction period we had over 2000 workers on site. We've probably got over 2000 workers on site
T�
right now, and we're pleased to report that close to 700 of those workers are City of Miami residents, 85
of them came through the Office of Work Development. They were regularly scheduled - over sixtyb,
regularly scheduled weekly hiring meetings, in which the Office of Work Force Development
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participated on a regular basis. It's fair to say that, to the maximum extent possible, we had city residents
on the work force and that particularly was true of the labor category. Now that we're coming near the
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end of the construction period, we've turned our attention to operations. In October 15 through the 18, we
had afour-day job fair, which was advertised extensively through all the print media. We were on 15
radio stations, television; we had distributed 50,000 fliers around the city, and we had over 2800
applicants come and apply for work at the American Airlines Arena. Of the 2800, over 1500 of them
z
came from the City of Miami. The Office of Work Force Development worked with us in organizing that
job fair and, in fact, the first morning of the job fair was reserved exclusively for OWD (Office of Work
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Force Development) referrals. Out of the job fair and subsequent job fairs we've had since then little
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mini fairs, one of which we had last Friday, which was exclusively for OWD referrals in our office, we've
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made offers to over a 1,000 members of the community,City close to half of which are Ci of Miami
residents and over two hundred of which are block grant residents. To move the more specific element of
'
the operation of the building, which I think is some of the questions that were raised on Tuesday, with
respect to the food service workers in the building, we'll have in a typical event - sold out event, we'll
a t r
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have over 330 food service workers in the building. Of that, our concession stands will be manned by
not -for -profits, which is a consistent clause in the Miami first agreement. We have over 40 local not -for -
profit groups registered to operate the concession stands. It's important to note that at full compliment,
with all the concession stands operated by not -for -profit, that would result in about a 130 of the 330
required food service workers. The not -for -profit workers, which leaves two hundred full-time, and part-
time food service workers, which we'll have to hire, and we're in the process of hiring right now. And in
that context, of course, we've tried to reach out to existing workers at Miami Arena. \Ve've
communicated with them. We've invited them to our job fairs. We have followed up. We now currently
have 74 offers for employment out to existing workers of the Miami Arena. To go the extra step, we
organized a job fair, consultation efforts of the OWD and the food server, hotel workers union; we're
having a job fair at Miami Arena on December 22nd before the Utah game in order to insure that each and
every worker at that arena has an opportunity to find comparable work at the American Airlines Arena.
So, as we move forward, I think it's fair to say that we are committed to the Miami First Source Hiring
Agreement. We'll have ongoing representation from OWD working on site in the American Airlines
Arena offices to facilitate communication and the sourcing of staff. It's going to be ... We're here for 30
years. We're going to be hiring people for many years to come. And even in the months to come and
308 December 14, 1999
t,� 4
weeks to come we're still going to be hiring more and more workers, but I think it's fair to say that we
have not only honored the spirit and intent of the Miami First Source Agreement, I think that we've gone
beyond its intentions. We're committed to it. We're committed to the local community. We've not only
satisfied every condition of the Miami First Source Agreement, but all 21 other conditions of the MUSP
(Major Use Special Permit). I think that both the Commission, the Administration, and ourselves should
be very proud of our efforts today and the very successful working relationship that we've had. I'll be
happy to answer any questions you may have.
Commissioner Sanchez: Mr. Vice Chair, being that this is an evidentiary hearing and we're just getting
information from both sides and I think that we're allowing Mr. Cross to give his side of the story on this.
I just have a couple of questions pertaining - I'm not going to get into the construction phase of it, but I
am going to ask some questions pertaining to the first phase, which is clear in the agreement, the State's
providing first opportunity for residents of Overtown Community Development Block Grant target areas.
And second providing to residents of other Community Development Block Grant areas in the city before
extending an opportunity to other City of Miami residents. And just from gathering the information that
we were able to put together, do you feel that you have done that, you have provided - or you have
complied with the First Source Hiring Agreement of the City of Miami?
[Note for the Record: Commissioner'reel e arrived at 9:53 A.M.].
Mr. Cross: Absolutely. And we sort all applicants by zip code and as soon as an applicant comes in and
they fall into a block grant, they go to Hie top of the pile. Similarly, if an applicant comes in, he's a City
of Miami resident; he goes to second stage of the pile. But clearly, our preference is to always try and
hire locally and specifically within the block grant areas first.
Commissioner Sanchez: The resolution put forth by my colleague, Mr. Teele, on the last Commission
meeting stated that, if they failed to comply with its provision by February 14, 2000, basically, you would
not be allowed to open up operations or the certificate would not be issued or revoked, if that's the
understanding that I have. Now, if - in looking at the numbers that I have here, that worked at the arena,
the Miami Arena, a 165 employees worked there, correct? Out of those - out of the 165 of those that live
in the city, of approximately about a 120, 115 that live in the city. Of those 84 have applied for jobs at the
American Airlines Arena, and Levy Restaurants have made offers to 74 of these individuals. Are those
74, have they been hired to work?
Mr. Cross: Some have been hired and some are still considering our offers. It's an ongoing process.
We've put out offers every single day. But no one has ever been turned down.
Commissioner Sanchez: Have you basically talked to the contractors of the restaurants in the vicinity to
also comply with the First Hiring Agreement Source?
Mr. Cross: The restaurant within our facility? Within the American Airlines Arena?
Commissioner Sanchez: Well, - yes.
Mr. Cross: Yes. They are our restaurants, basically.
Commissioner Sanchez: They are yours. I didn't know about that.
Mr. Cross: And every subcontract to us, it has to have written into their contract that they will comply
with the Miami First Source Hiring Agreement. It's written into all of our contractual obligations with
every subcontractor at the arena. Construction and operations.
Commissioner Sanchez: Thank you.
309 December 14, 1999
Commissioner Regalado: Mr. Chairman? Mr. Cross, our issue here is the 116 city residents and of those,
how many have you contacted, how many have been offered a job, how many are in the process of getting
a job, how many have got a job? I know that you provide numbers but I just want you to speak on the
record on this issue.
Mr. Cross: Of the 115 Miami residents.
Commissioner Regalado: Miami residents.
Mr. Cross: They would make up some component of the 84 that have applied but we have not broken the
84 down into City of Miami and non city, but we've asked the Office of Work Force Development to help
us with that because we don't have access to the names and addresses of all of the staff at the Miami
Arena. They don't work for any of our sub trades and they don't - they work for our competitor, and our
competitors are not anxious to have us come and raid their staff, as you can well imagine. But we are
working with OWD to ensure that we at least have direct communication with all of them. And, in fact,
we're working with their union representation to make sure that we have the job fair that will allow us to
pierce the veil, so to speak.
Commissioner Regalado: In the past several months, what has been the relationship between you and the
Work Force Development agency? Have they provided you with information you requested them?
Mr. Cross: Absolutely. I mean, I think we've actually hired significant numbers of both construction
workers and operations people directly through OWD's efforts and we continue to do so. And I'm sure
Community Development will speak to that or concur with that.
Gort: Commissioner Teele.
Commissioner Teele: Thank you, Mr. Chairman. And, Mr. Chairman, members of the Commission,
thank you for proceeding. I apologize that I'm running late and I really do appreciate you going forward
with this issue. First of all, Mr. Chairman, I think this subject is a very, very fragile subject. The City of
Miami, none of us want to be in a position of challenging or holding a person or a business that wants to
do business in the city sort of in this kind of evidentiary hearing. This is not a comfortable position for
the city or the residents and it's certainly not a comfortable position to you. At the same time, I think
Commissioner Sanchez and Commissioner Regalado have asked the question to be very candid with you,
which neither the manager's memorandum, nor your report have dealt with. This issue is essentially
about 116 families that live in the City of Miami. And whether or not those families, during this holiday
period specially, have been afforded a full opportunity to be a part of the American fabric and American
life during this period of time in going forward. I've not read anything. I've got a memo here dated
today's date by the manager, December 16, and there is no reference to those 116 families. I've got a
report here from you. And I - with all due respect to all the other issues - God bless you, we commend
you, we thank you, we appreciate what you've done in the construction side. There is a lot of talk here
about, as always in the city and what we're going to do, but let me just put one thing on the record,
particularly for my colleague Mr. Winton, who was not here when the First Source Hiring Agreement was
entered into. I brought it up. I added it as a condition and I specifically wrote in the language, which I'm
learning now has never been implemented, and now we're talking about - are going to implement the
language. This language was written in 2 years ago by my pen here on this dais, which requires that the
Miami Heat - because I foresaw this issue of not communicating or communicating past each other, that
the Miami Heat - and I discussed this with you, Mr. Cross, two years ago, before we did it. I mean; it
wasn't something we forced down your throat. You didn't want to do it. You said, "We have enough
resources." i said, well, we've got enough resources, but just in case there is going to be a failure to
310 December 14, 1999
n
communicate, let us just have one staff position, that you all will fund, that will be a facilitator, located on
your property, your - do you remember that discussion, Mr. Cross?
Mr. Cross: Um -huh.
Commissioner Teele: And you agreed to that. This isn't something we forced on you. You were not
happy with it.
Mr. Cross: I won't even say we were unhappy with it. We still agree with it.
Commissioner Teele: But you agreed with it. Now we're learning, for the first time, it's never been used,
it's never been implemented, but now this is the cure. Well, the cure was there two years ago to where we
are today. And the issue for me, as to whether or not you all, the Miami Heat organization, has lived up
to the spirit of the First Source Hiring Agreement, has much more to do with a 116 families that were
employed by the previous arena. And let me just say this, Mr. Cross, Jay; we have a special obligation
here. We are the owners, if you will, of that arena. And look at it like a manufacturing company; whose
business isn't making it and a new company comes to town. You would expect us to try to find a job for
our employees. I mean, we, the Miami - City of Miami have more than a casual governmental interest in
ensuring that those people, particularly those 116 families, are employed. So I want you to understand
that this is not intended - and I will not participate in something that is going to put you in a very unfair
position in terms of doing business with government because God knows we've read enough about how
hard it is to do business at the airport; we've read about how it took 10 years to get baggage carts into an
airport. I mean, you know, the record is replete. And I apologize to the Miami Heat organization and to
you, personally, if you find this difficult, because we find it difficult, and we - to use President Clinton's
words, we share your pain in that area. But we still have a 116 families and what I would like to know,
specifically as it relates to the Office of Work Force Development and your office -- the Office of Work
Force Development advised us in the last meeting that they have the 116 names and the addresses and all
of that. That was - have you all communicated together on those specific 116 names? Because this is - as
far as I'm concerned, that's all this is about.
Mr. Cross: The answer is yes, we have. We asked for them yesterday. Secondly, I'd like to point out that
the Miami Arena, to the best of my knowledge, since we played a game there, is still open. And that
those 115 workers still have jobs. But more specifically, if those 100...
Commissioner Teele: Well, you know, Jay -
Mr. Cross: Commissioner Teele, you want to put me in an awkward position, then at least give me the
courtesy of response. Okay. I'm very proud of our record and if those I IS workers want to make
themselves known to us, which they and their union representatives have elected not to do so, but if they
want to - and I ask you, as the Commission in the city, to invoke your resources to make those names
known to us -- those people will have job offers to work at the American Airlines Arena. Now, I can't do
any more than that. I'm prepared to offer them work at the American Airlines Arena, but I can't do
anymore than that.
Commissioner Teele: What you've just said...
Mr. Cross: And 1 apologize if that's not good enough.
Commissioner Teele: ...is extremely fair. It's a fair challenge and I accept that as a fair challenge. And
that's why I asked the Manager's office, two days ago, did they have the names. Because I can
understand there are a lot off issues here. A lot of issues that aren't even being brought out right now that
311 December 14, 1999
at work here. What we're saying here is that the Office of Work Force Development has those names.
These names are not a secret. She said - if they've got it as a public record, for God's sake -
Mr. Cross: And we either now have them or are getting them. So what more would you like to hear?
Commissioner Tee!e: Well, honestly, what I would like to hear is that this Commission meeting is not
necessary, that this can be taken care of outside of an evidentiary hearing, and that it was taken care of a
month ago or a week ago or at least two days ago. Because that's the position we're in. And but for what
we've done to date, we wouldn't be here now. And all that I'm saying to you is, if you're committing to us
that subject to drug testing and basic kinds of issues that those persons will get a consideration, you know,
as far as I'm concerned, we ought to see where we are on January 13 when we have the next Commission
meeting. On that point, I mean, that's -- as far as I'm concerned, there are other people who may have
other issues. But I want to be very clear with the City Attorney. I read what was read into the record, but
we passed a secondary resolution beyond the First Source Hiring Agreement, and that's the issue, of
course, that we're here on today. And that resolution, to my recollection, was that, notwithstanding the
First Source Hiring Agreement and the language contained in there about Overtown or about the CDBG
target areas, which I think is very good language, very appropriate language, we passed a resolution that
basically said - Mr. Attorney, correct me if I'm wrong - six months or four months ago, when this issue
came up, that the existing employees at the existing arena would be given opportunities ahead of every
one -- and, Mr. Attorney, is that in the record? Because I don't want this thing to go off in 100 different
areas. That's the focal point that I have.
Mr. Vilarello: Yes, sir. And I believe Mr. Cross was at that meeting when that resolution was adopted.
It would be...
Commissioner Teele: But see that resolution is not a part of any of this record that I'm reading, okay.
And that's the resolution that this is all about. It's not just about the First Source Hiring Agreement. It's
about the fact that this Commission, legislatively, publicly, asked the organization to give preference over
and above all other consideration to the existing employees. And I have every confidence - and Mr.
Cross, I appreciate your candor - I have every confidence that, given the fact that we didn't have a
coordinator there, given the fact that you're representing to us that you don't even have the list of the 116
people, is that a fair statement, that...
Mr. Cross: That's a fair statement.
Commissioner Teele: Then - what more can you do?
Commissioner Regalado: Well, then, Mr. Chairman, then we have a blank space here between the time
that this Commission passed that resolution and the time that this came to a crisis. It's the
implementation of that resolution. So, Mr. Attorney, what - when we approved that as the law of the City
of Miami, what happened then? Is it the administration who has to implement that? Were the Heat told
officially that they exist?
Mr. Vilarello: Well, actually, Commissioner, the First Source Hiring Agreement is the one that will
govern the relationship between the City and Basketball Properties. That has, as already been mentioned,
requirements that they first offer to Overtown Community Block Grant target areas and then secondary to
other target areas, and then to City residents. This City Commission asked...
Commissioner Regalado: So, it was only a desire.
Mr. Vilarello: Right. You unilaterally...
312 December 14, 1999
Commissioner Regalado: It was only s mquest?
Mr. Vilarello: If Basketball Properties would consider and make sure that they go beyond the First
Source Hiring Agreement and consider employment for those employees of the Miami Arena. And I...
Commissioner Regalado: Yes. But my point is, should the administration work on that resolution with
the Miami Heat and communicate to them that it was the wish or the will of the Commission and facilitate
those names at that time? I'm asking about the procedure.
Mr. Vilarello: It certainly -- Mr. Cross was there at that meeting. I believe it was communicated to him.
As far as the administration, perhaps the City Manager can address that, what the administration did or
didn't do.
Vice Chairman Gort: Let me ask a question. Are you through, Commissioner Regalado?
Commissioner Regalado: Yes.
Vice Chairman Gort: Isn't this arena within the enterprise zone?
Commissioner Teele: Yes.
Commissioner Sanchez: Yes.
Commissioner Teele: And the empowerment zone.
Vice Chairman Gort. This arena is within the enterprise zone and the empowerment zone, which means
anyone that they hire within those CDBG or within that zone; they have tax breaks and many other
benefits. So, it's not only the benefit to the resident, but it's a great benefit to the corporation itself to hire
these people within. Now, my understanding, what I hear here today and it was committed to me in my
office, that the people, they will go and they will qualify, that they are presently working for them will get
hired.
Ms. Warren: They will...
Mr. Cross: Be offered that job.
Ms. Warren: They will be offered a job.
Vice Chairman Gort: OK.
Commissioner Teele: Mr. Chairman, if Mr. Cross is finished, I want to make a statement that doesn't
relate to Mr. Cross, because that's the first part of this. If the numbers are 84 people that are current
employees applied - is that the number, Ms. Warren?
Commissioner Sanchez: Yes.
Mr. Donald Warshaw: That's the latest number.
313 December 14, 1999
0
Ms. Warren: Yes.
Commissioner Teele: And of the 84, 70 some -
Commissioner Sanchez: Seventy-four.
Mr. Warshaw: Seventy-four.
Ms. Warren: Seventy-four.
Commissioner Teele: - were hired.
Commissioner Sanchez: Yes.
Ms. Warren: Offered jobs.
Mr. Warshaw: Offered employment.
Commissioner Teele: Were offered employment.
Ms. Warren: Yes.
Commissioner Teele: By any standard...
Commissioner Sanchez: That's good.
Commissioner Teele: By any standard, that is an outstanding response by any standard. I mean, you
know, we've got to be fair here. By any standard, that is an outstanding response and, to that extent -- I
mean, you know, the Heat has sortie right to be a little bit upset because they've done what they can do.
Now, the problem is this - and we're going to hear from the Union, and I want to put this before my
friend, Andy, before he says anything. The burden is shifting from the Heat to the employees and the
union because what we cannot do is, we cannot let employees hold either the City hostage or the process
hostage on other issues, and I'm not going to say what those other issues are. None of us want to be used
that way. I'm very sympathetic to those other issues, but officially and actually this Commission cannot
be held hostage. And I want to say this, Andy, before you say anything. If you all are not cooperating
with the full 116, if there is any pressure on people not to apply, it's very - and I'm not saying there is - if
there is, it's very unfair to those families. It's very unfair to those individuals. If they are hiring at a
90/88/89 /90 percent ratio, you know, we've got to move forward. So I want to hear from the union, but I
want to be very clear. It's not — it's up to the people to apply. You can take, you know, someone to the
water but you can't make them drink, and what they are saying is, they are doing that.
Vice Chairman Gort: Commissioner Teele, I'm glad you brought this forward because I think it's very
important for people to understand. I don't want the City of Miami to be used, as leverage and I wanted to
put that on the record. I don't want to be used as leverage for negotiations or anything like that. Yes, sir.
Mr. Andy Balash: Mr. Vice Chair, my name is Andy Balash. I'm at the Hotel Worker's Union, Secretary
/Treasurer. I'm located at 7910 Northwest 25th Street. The fact of the matter is, they have only hired 17
people. They have had 84 people go there because we sent them there. And on record right now, we're
told that they've only hired 17 people. We received correspondence from the l [eat Basketball properties
last week inviting these workers to come to a job fair, after the hearing that we had oil Tuesday. We
314 December 14, 1999
���ar , l?
called up the office of Work Force Development and we told them to meet us over at Miami Arena on
Wednesday, at 2 o'clock, a long with Levy restaurants. I spoke with a representative of Levy, Richard
and Branski (phonetic). who said that they would have representatives from their company go there and
work on having these workers fill out applications to further the hiring process. We are not trying to hold
the City of Miami hostage, which we would never do. We are not trying to use you as leverage for
bargaining. It's not about bargaining. We're not trying to bargain with theta. All we have said through
the whole process is that be where trying to communicate with Levy restaurants to give the workers the
first opportunity to have these jobs and to let them freely choose their union, as they did in Los Angeles.
That's been the whole issue. I sat down with Levy restaurants. They said to me in Miami airport, I met
with the representative Richard Branski and he told me, " if Basketball Properties agreed to it, they had no
problem with, you know, entering into any such - into the agreement, which I have before me, which also
is part of the resolution that was passed on October 26, and it was urging them - this Commission urged
them to do so. So, I mean, that's what this has basically been all about. I mean, they've only hired 17
people out of the people who have applied so far.
Commissioner Sanchez: Not 74?
Mr. Balash: No.
Commissioner Winton: No, it says offers made, so what's the difference between - it sounds to me like if
offers were made to 74 of your workers, then unless there is something hidden here that isn't on the table,
then it sounds like only 17 of those 74 employees chose to work there. I can't - you can't do any thing
more than make an offer. As Commissioner Teele the said, you can lead a horse to water but you can't
make him drink.
Commissioner Teele: I said person.
Commissioner Winton: Well, sorry. He said person. So, I'm very confused here about the issue.
Mr. Balash: Well, I'm confused too. Well, I'm confused too. I mean, they made - they say they made
offers, but - you know, they could have went down and applied and never got a call back. From what we
understand, workers went down, filled out applications, and never got called back. I mean, we don't have
any information before us that indicates any of this. Is there a representative from Levy here? I'd like
them to share that information with us.
Commissioner Sanchez: I would like to hear from Gwendolyn.
Ms. Warren: On Tuesday -
Vice Chairman Gort: Name, please.
Ms. Warren: Gwendolyn Warren, Director of Community Development. I think there may be a - what
we've all agreed to do is that, on Tuesday, the 22" �, is to hold a job fair with the Office of Work Force
Development will be involved and anybody who - from the arena who wants to apply, will be given an
opportunity. We have been assured by Basketball Properties Limited that they will, in fact, make an
offer. And, again...
Commissioner Teele: l lave or will?
315 December 14, 1999
Ms. Warren: Will, and they have, and they will again. That's my understanding of our meeting on
Tuesday.
Vice Chairman Gort: Thank you, Gwendolyn.
Commissioner Winton: Mr. Chairman, let me ask another question. There must be - Mr. Cross, there
must be a procedural question here. If 74 of this group's workers have been offered jobs, only 17 so far
have been hired, is there, in fact, a process here where an offer can be made and then the offer disappears
or what's the procedure once the offer is made, that gets from offer made to potentially hired? Is there
some missing procedure here that we're...
Mr. Cross: No, there is no missing procedure. Commissioner, we're a little busy right now, as you might
appreciate. We've made a thousand offers, not just a hundred offers or 74 offers. I've had - all my senior
staff working 24 hours a day for the last three days as a result of Tuesday's meeting to pull together data.
We have 2000 workers in the construction sites scrambling to get the building finished and make it -
everyone proud. We are putting offers out as we speak. Offers went out yesterday. Offers went out two
days ago. Offers went out three days ago. Offers went out - but six weeks ago virtually no offers had
gone out. We've only started this process - we're going to be hiring for the next two or three months.
Hundreds and hundreds of workers, and it's so transparent what's going on here that we refuse to sit here
and negotiate our hiring practices. I've made a commitment that every worker at the Miami Arena, who's
prepared to make themselves known to us, will receive an offer to work and we will not do any more than
that here today.
Commissioner Winton: And then it seems to me, if the offers are made, it's up to the employees to decide
if they are taking the offer, and I don't see anything else this Commission can do.
Vice Chairman Gort: Okay. Let's go.
Commissioner Sanchez: I'm ready.
Commissioner Regalado: Mr. Chairman, if I may?
Vice Chairman Gort: Mr. Regalado, I think Commissioner Sanchez is ready to make a motion.
Commissioner Regalado: But just a point here. I keep hearing on Tuesday. So it seems that it's because
of Tuesday that everything is happening and I'm troubled because we passed legislation and the
administration should have supported that and we were supposed to be informed, and I want to say again
what I said the other day, on Tuesday, that our concern is the 116 people, and I wish that this would not
have come to this situation because it's very embarrassing for everybody, you know. There is something
that we should be proud of that is going to happen on the 31 st, and we found ourselves in this situation,
but I believe the issue, again, is 116 persons -- 116 families, these families, persons were offered a job or
interviewed but my problem is that we got to this point because of a crisis and I wonder if we need crisis
to resolve problems in the City of Miami?
Vice Chairman Gort: Let me see if I can answer that question. If you all recall, two weeks ago we were
discussing the Winn Dixie, and I told them let's not talk to the attorneys anymore. I'll talk to the Manager
directly. They opened yesterday and they had 85 percent hired within the district. And my understanding
316 December 14, 1999
is, on Tuesday, I'm going to get the information and they are going to say that 95 percent of the
individuals were hired within the district. And you know why? Not only because they want to help in the
City of Miami, but they are smart business people. They are within the enterprise zone. For each
individual that they hire, they get so many benefits to their behalf. So, I am sure that if a commitment has
been made here, it's on the record, and you don't hire at six months ago. I mean, the people were just
hired last week.
Commissioner Regalado: I understand, Mr. Chairman. But...
Vice Chairman Gort: Well, I think we need to move on this.
Commissioner Regalado: i know. But my concern - my concern...
Vice Chairman Gort: And I think we can get the administration to check on this.
Commissioner Regalado: But this has to be, you know, a sounding alarm for us that we have to review
this because apparently, there is a miscommunication in the middle levels either from the staff and we
should - in the middle of crisis all the time. Not with the Winn Dixie, not with the Miami Arena. I mean,
we should all be celebrating the grand opening of the Miami Arena. And, you know, everybody happy. I
am happy that people are being hired and it is a good ratio, 84 of 116. That should be our issue. It's a
very narrow issue.
Commissioner Winton: Mr. Chairman?
r. -
Vice Chairman Gort: Yes, sir
Commissioner Winton: I'm not sure that I share Commissioner Regalado's view that it's a crisis that got
to this. It's a process. When you are opening a new business, there is a timing process for hiring, and Mr.
Cross said that they didn't even start the process of thinking about hiring employees on the operation side
until how many weeks ago, Mr. Cross?
Mr. Cross: Six weeks.
Commissioner Winton: Six weeks ago. So, it is not as though the First Source Hiring Agreement has
been sitting on the table and ignored for a year. The fact of the matter is that, as it relates to this phase,
that process only started six weeks ago. And it's the process, when you are opening a new business; you
hire people as he said. You are hiring new people as right up to this day or two days before your opening.
So, I'm not sure there is a crisis here at...
Commissioner Regalado: Then why are we meeting?
Commissioner Winton: Because this group told us that there was a crisis, but it's a process
Commissioner Regalado: Johnny, but - Johnny, it was mentioned; even the fact that no occupational
license will be issued was mentioned. So, it was very embarrassing to have to go through this. I know
it's a process, but what I'm saying is that that process - we should have been kept informed of that process
and that is the problem.
317 December 14, 1999
Commissioner Teele: i want to weigh in. I don't agree at all, Commissioner Winton, with the fact that
there is not some element of crisis here. And the frustration that I share with some of my colleagues now
is that it seems that these problems get referred to the Commission instead of being worked out by the
management, and it's easy to say refer it to the management but we have not given the management any
new authorities that they haven't already had. Now, the fact of the matter is, this crisis, if there is one,
should have been a management crisis and those meetings should have been happening in the Manager's
office and not before the Commission. This is an embarrassment. It's an embarrassment to the City of
Miami to hall up a person like Jay Cross or union president like Andy Balash and have this kind of stuff
to play out on television. It's not good for the City. It's not good for business. It's not good for the
employees and the truth of the matter is, the only reason it's here is because the point of reference of
everything in these memos has to do with the Commission meeting. There are 116 families. i mean, but
for the meeting Monday - on Tuesday, all of this discussion about hiring these people - and we're hearing
that not 84 - 74 people have been hired, but 74 people have been offered jobs. I agree, we should suspend
this after Mr. Balash has had an opportunity and their side to lay this out, I am prepared to support a
motion that there is no finding of bad faith at this point and time, and that the matter should be reviewed
on the 131h at the regular Commission meeting to complete this process. But we do ourselves a disservice
by basically saying, well, that's the end of it because; we don't know what the answer is. if it's 17 people
employed, that's not good faith. At the end of the process. At the end of the process. And that's where I
agree with you. There is a process, but we've got ourselves in the middle of the hiring process right now
and we should not be in that. That should be something that Work Force Development and the Manager's
Office should be managing for us.
Commissioner Winton: Well, who put us in this position?
Commissioner Teele: We're put in this position, quite candidly, because there are citizens in this
community that came to us that have - that we have jurisdiction for.
Commissioner Winton: That's exactly the point. So, what else would have happened? You're saying that
some way or another, this is a management problem and I'm suggesting that it has nothing to do with the
management problem. This Commission allowed this issue on the agenda, so we had no choice but to
deal with it, and we chose to deal with it.
Commissioner Teele: Well, let me sell you something. The last time I checked, this is a democracy and
every citizen - Jay, every citizen in my district is going to have the right to come here and nobody -
nobody is going to...
Commissioner Winton: I didn't deny that right, Commissioner Teele
Commissioner Teele: Nobody is going to cut off the right to come to this Commission
Commissioner Winton: But that's not the point.
Commissioner Teele: But this is the point.
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: Excuse me, gentlemen.
Commissioner Winton: That isn't...
318 December 14, 1999
r °.
Commissioner Teele: This is the point, Johnny. if you read this report, if you talk to the union, if you
talk to Jay Cross, if you talk to these people, the problem that's been there, there has been no
communication.
Vice Chairman Gort: That's the bottom of the game.
Commissioner Teele: That's the problem.
Vice Chairman Gort: Okay.
Commissioner Teele: And the communication is as much to do with Work Force Development, as it has
to do with the union. And I'm telling you; there is liability around here for everybody. I don't think the
union should be given the impression that they can use this Commission, and I don't think the Office of
Work Force Development should be given the attitude that they are off the hook for rolling this issue up
under us like this. Because the problem at the end of the day is, we don't have a Work Force
Development Office that has been engaged in this process and if you talk to the I leat organization off the
record, if you talk to the union off the record, as I have done, that's clearly the issue. And I realize on
Tuesday - on Wednesday afternoon that this thing should not even be held here today and it's an
embarrassment to the Miami Heat. It's an embarrassment to this City to have newspaper clippings going
all over the nation that there is going to be an evidentiary hearing like this.
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Gort: Commissioner, whatever we do, it's going to be in the news media. That's - we're
international news because we're the greatest City in the world. Let's hear from the individuals. Please,
two minutes each.
Mr. Donald Hanson: Thank you, Mr. Chairman for giving me the opportunity. My name is Donald
Hanson. I own a duplex at 410, 412 Northwest 25 Avenue for 16 years, in the City of Miami, where I pay
$2,800 a ,year in taxes. I am a bartender and constantly and consistently ring the highest sales for the
Miami Heat games at the Miami Arena. I've worked there going on 10 years now; I've never called in
sick one day. I have never been late for work one day. I am very enthusiastic about my job. I love what I
do. And I'm proud to say that I've worked for the Heat all these years. I really enjoyed that. My
customers enjoy me. I know what they drink. I have their drinks almost ready for them by the time they
even come to the register, and that's part of why I ring higher sales. But I am one of the 74 people that
kind of disappeared in the hiring process. I went to the very first job fair. I was sent a letter and a phone
call from Lisa -- from Levy. They asked me to eome for a second interview, which I did. I showed up.
I've been sick the last two weeks. I was sick for my interview. In fact, the gentleman - my very first
interview was by a Connie Bali. Interview went very nice. She said I don't see a problem here. You fit
the criteria. You're well groomed. I had a nice suit on. She liked my resume. When I came back for the
second interview, there was total chaos there. Sylvia, who was their Manager for Human Resources -
she's a cocktail waitress for the Heat. She doesn't like me because I'm pro union. I was the shop steward
there for a couple years. And I feel that's the reason I was not hired. The gentleman I see sitting there,
that gave me the second interview, it was like "Are you willing to work New Year's Eve?" Yes, sir. I'm
looking forward to it. Okay. Tell me a little bit about yourself. Thank you. Have a good day.
Everybody else that was there - we have a cocktail waitress that was hired with less experience than me.
Well, that's my time. I'm sorry but I really feel it's a disservice to the Miami Heat and the American
Airlines Arena by not giving me the opportunity to work there. I thank you very much. Thank you.
319 December 14, 1999
f'
I.
r
Vice Chairman Gort: Thank you, sir.
Mr. Michael Ozegovich: Good morning, Commissioners. Commissioners, my name is Michael
Ozegovich. I'm the executive director for the South Florida AF/CIO. I reside at - well, my office is at
7910 Northwest 25th Street, here in Miami. I'm the chief executive officer of the federation that covers
89 unions and approximately 100,000 people in this community. We have coalitions with over 1,000,000
people and organizations through the community. We're the people that put the living wage ordinance
through in Dade County. We're the people who asked the strong Mayor of Dade County, Mayor Alex
Penelas, over a year ago, to intercede on behalf of these employees because they weren't a part of the
original package. We thought it was just an oversight and we thought it was just going to be a piece of
cake to have these people moved over to the work and follow the work. The Mayor thought so, too, and a
year and a half ago he said he didn't think this was going to be a problem. I was in those meetings
personally. After that, we went to the County Commission because we weren't getting a response back
from the employers. The County Commission passed a resolution in the same manner that you did, and
they ignored that, too. And then they did it to you. I want to speak on a personal level on this issue,
okay. In the beginning I didn't think this was a union issue. Okay. I didn't believe that this could be
stupid enough to get into a situation that was going to go beyond coming to something like this, where
they would actually embarrass the City Commission, the County Commission and the strong Mayor over
employees who were involved in trying to move where there are jobs, who had good records, no
problems. It should have been a piece of cake. I've been in employee relations for over 37 years. I did
not think this was going to be a major problem. At your last meeting, what you are not aware of, was that
President Sweenie (phonetic) of the national AFL/CIO personal representative was in the audience to
watch, to see what was going on here. This is not going to be a small thing. It may be - you know, it may
come over to you but I'm telling you, beyond here, this can't be resolved.
Vice Chairman Gort: Thank you, sir. Thank you very much.
Mr. Michael: It will go much further. We want to see Gloria sing.
Vice Chairman Gort: Thank you, sir.
Mr. Michael: We do.
Vice Chairman Gort: Yes. Thank you. Yes, sir.
Mr. Luis Cuello: Good morning everybody. My name is Luis Cuello. I live at 1277 Northwest 31st
Street. And the question to ask here today, what's going on? What's going on because we, the
employment of the Miami Arena, we believe that we qualify to work at the American Airlines Arena.
We've been working there for years. Now these people come and talk here. They've been offering us a
job. For I've been going to the employment development. I've been going and fill about three
applications. I've been going to three interviews already and they just told me, we call you. And then -
the last hearing in Miami Arena going to be the 28th. Up to the 28th, who are going to hold you
responsible if you are not going to have the job? I'm not going to hold Levy Restaurant or the Miami
Heat people who responsible, they haven't got a job. I'm going to hold responsible who make a deal with
them, that haven't got a job. Because I pay taxes to be at the arena. And now I ask the question, what's
going on here? If you haven't going to get a job next year, or I'm going to be out of employment. The
320 December 14, 1999
unemployment office give me two hundred and seventy-three dollars week. I don't want to be
unemployment. I. got proof right here. I didn't get that money because I'm working. And now you want
me to be unemployment getting two hundred seventy-three dollars ($273.00) a week? That's not what I
want. Who are going to hold you responsible up to the 28th for having no job? They come in here and
talk to you for they suppose to put in the paper and say, "Look, I offer this person a job and he don't want
to work." They can come in here and talk and say whatever they want to say. Show me the proof. I've
been going to a lot of interviews. I fill out a lot of applications. They can come in here and tell you
whatever they want to tell you to look good.
Vice Chairman Gort: Thank you, sir.
Mr. Cuello: Thank you.
Vice Chairman Gort: Okay. Now, I'll close the public hearing. Motion.
Commissioner Sanchez: Mr. Chairman, after hearing the evidence here today and on Tuesday and the
recommendation report that was given to us by the City Manager, I move to find that BPL is in
compliance with the First Hiring Agreement. Now, having said that, if the workers later on, during the
process, decide to elect a representative and union - create a union, that is up to them, and this
Commission has nothing pertaining to that. But based on the facts only, that I've heard here today -
speaking on my behalf, that out of the 115 or 16 residents that live in the City, 84 applied for positions
and 74 were offered a position. Now, if you do not apply, you can't get a job, So, I think that just on that
merit and that argument only, I think that we have no evidence to provide that BPL has not fulfilled the
First Hiring Agreement.
Vice Chairman Gort: Commissioner Sanchez, would you amend your motion to have our staff to work
very closely to make sure that we get a report on the next meeting, Commission meeting?
Commissioner Sanchez: That would be a friendly amendment, to follow up to see if any more people will
be hired. Yes, I would support that.
Vice Chairman Gort: We want a report back. There is a motion. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Discussion.
Commissioner Regalado: I think that, before the next meeting, we should have a weekly report because
everybody agrees that this is a process, but the problem that we have is that for today's meeting, we got
this memo this morning and it's very uncomfortable. We,ve met with the union. We've met with Mr.
Cross and he was very gracious to come and explain the situation and the union too. But we need to
know the facts. So, I would ask that to the maker of the motion, that the administration will be directed to
give us a weekly report from - starting next week to the next Commission meeting how the process is
going.
Mr. Warshaw: No problem.
321 December 14, 1999
Vice Chairman Gort: Make the - made a part - as you get your reports so the people that are being hired
and so on, make sure you forward to the Commissioners.
Commissioner Sanchez: Vice Chairman, just for clarification. That friendly amendment to that motion
will be a follow up report on - weekly? Okay.
Commissioner Regalado: Weekly. Weekly,
Vice Chairman Gort: Okay. Any further discussion?
Commissioner Teele: Yes. I wish the motion had not been framed exactly as it is but to make the motion
what it - in my opinion, it should be with - sound like legal humble jumble. I have found today that the
efforts of the Miami Heat constitute good faith effort; there is no question in my mind that this represents
the testimony today by the Heat, not by the record that is before us, not by anything in documentation that
is before us. But the oral statements by the Heat and the fact that there is no evidence to refute it because
it's all oral. See, this is not the way an evidentiary hearing really should work. And, Commissioner
Regalado has put his finger right on the pulse of it. You don't walk into court - and this is a quasi-judicial
proceeding. You don't walk into court, except in a Perry Mason movie, and somebody comes up out of
the back room and says, "I did it." The record is established. It should be there. The union, in some
ways, is in a very unfair position now because the evidence that has been put before them, they can't
refute. They cannot refute that 84 people where hired - offered jobs. I don't think. At least I have not
heard any one refute that. What I've heard is that 17 people have been hired. Now, that is the bottom
line. When you want to get through everything and sift through this thing and what gets to the bottom
line, 17 people of 116 have been hired, and that, my dear friends and colleagues, does not constitute, in
my mind, good faith, if that's the end of the process. But the important thing is what Commissioner
Winton has agreed with Mr. Crosson, that is process is just beginning. And it's just sort of like the Winn
Dixie to use the analogy of Commissioner Gort. They hired all those people within five to six days. So,
we have to give this process a chance, and, again, that's what makes this thing so unfair to the Heat, to the
Commission, and in fact, to the people. But there are 116 people. I want to just stop for one minute
because I want to hear what you have to say.
Commissioner Sanchez: But if I may, just for a minute. Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Sanchez: Commissioner Teele?
Commissioner Teele: I do have the floor. I will be happy to yield to you.
Commissioner Sanchez: Thank you. Mr. Teele, if you do not feel comfortable with the motion...
Commissioner Teele: No. I'm comfortable...
Commissioner Sanchez: You have as much right as any one here to amend that motion.
Commissioner Teele: I don't want to amend the motion because I think to amend the motion now will
send a different message and that would be the headlines and what I'm trying to deal with now is, we've
got three or four issues we've got to manage now. We've got to manage the fact that we've got people's
322 December 14, 1999
name and reputation. We've got an entire organization's credibility out here on the line on this thing, and
I don't want to send the signal that the I feat is not doing a good faith effort. But what I would say is, at
this point, there is no evidence to the contrary as opposed to making a finding that they have. But I want
to hear from this gentleman and - because I want to support to motion essentially but before I support to
motion, I'm going to say something that's got to be said. Because we're here for a reason and it's very
important that everybody on this Commission understand what the facts are and, Mr. Manager, I would
like to know the unemployment for the nation in a memo today before which we leave — the
unemployment for the state, the unemploP ment for Dade County, and the unernployinent for Overtown,
CDBG (Community Development Block Grant) target areas because you've got to understand, something
is wrong in the City of Miami. Something is wrong with the way this Commission has functioned for the
last 15 or 20 years. You cannot have black unemployment 10 times that of the rest of the Lmcmployment
in the town and not realize something is wrong. And the reason we are here, Commissioner Winton, is
that when the - when Commissioner Carollo, Commissioner Suarez, Mayor Suarez, Mayor Ferre, and all
of these, J. L. Plummer, got together and agreed to build this Arena in the heart of that community, they
made a commitment that the jobs would be there, okay. The jobs didn't really go there but to the credit of
the - to MSEA (Miami Sports and Exhibition Authority), and to all of leisure management, we don't want
to lose ground. For God's sake, not in the year 2000. We don't want those 116 families that are working
to be out of work that are citizens of Miami, particularly when unemployment in the black community is
ten times in my district what it is in your district. And if you are not prepared to sit here and to be a part
of a process that underscores the fact that we have an obligation to these people. This is Christmas. We
have a God damn obligation to ensure that the people who are being statistically left behind by any
measurement are not left behind under my watch and under your watch and under this Commission's
watch. It may have been that way for the last 50 years and that was all right. Somebody ought to ask this
Manager, why in the hell hadn't the money for the CRA (Community Redevelopment Agency) been
released. In Commission voted a year ago for the twenty-five million dollars ($25,000,000) to be
released. This Commission voted three times to do this. And, yet, the basic thing, anything that goes on in the redevelopment area, anything that goes on that affects the minority community is a problem in this
City.
Commissioner Sanchez: It's not a problem.
Commissioner Teele: It is a - it is.
Commissioner Sanchez: It's not a problem for this Commissioner.
Commissioner Teele: It is a problem -
Commissioner Sanchez: Every Commissioner here has supported you when you brought up the issue of
Overtown.
Vice Chairman Gort: Excuse me. Why the don't we stick - excuse me
Commissioner Teele: It's not supporting me, Commissioner. It is about the fact that what we're dealing
with here is a systematic process that has evolved, that affects these 116 people in a City owned facility.
You can call it what you want to but the existing Miami Arena is owned and controlled by the City.
Vice Chairman Gort: Commissioner Teele?
Commissioner Teele: If we don't ensure that those 116 people have a chance for a job, who is going to do
it?
323 December 14, 1999
Vice Chairman Gort: Commissioner Teele, I think the reason we are here is because we want to ensure
and the reason we are having this meeting here because we want to ensure that.
Commissioner Teele: What about here?
Vice Chairman Gort: That's what we are doing here and I think that's what we are doing here - and you
know, I don't know what else you want in here but I think a commitment has been made to me personally.
A commitment has been made on the record here stating that these people will be hired. Now, at the
same...
Commissioner Teele: But I think it's important that we understand why we are here. This, to me, is not
about anything but what it is.
Vice Chairman Gort: Commissioner Teele, I agree with you, and that's a social problem that we've had
and the City is not only responsible to this. You've got the school system, you've got to legislators, and
you've got to federal government and you've got the urban renewal, you've got a lot of things they have
done. So let's not blame everything on this City because we're in the front line and I understand, but I
think we are trying to fix things that have happened. Yes, sir.
Mr. Noah Franklyn: My name is Noah Franklyn, I work at 7910 Northwest 25th Street. If I could speak
to Mr. Chairman - speak to refuting some of their claims. I would ask you to turn to the first...
Vice Chairman Gort: Let me ask you a question.
Mr. Franklyn: Yes.
Vice Chairman Gort: My understanding is that they are going to comply. They are going to interview
these people and they are going to hire these people.
Mr. Franklyn: Well, they have offered to have a...
Vice Chairman Gort: To go in the past right now is history.
Mr. Franklyn: Well, I would address that they offered - said they would offer job fair. We've had job
fairs. Our workers haven't been hired. Just the day before yesterday, they sent us, for the first time, an
invitation to our workers and if you look at the first marking, they said that they are - they could not hire
our workers because of a conflict with the First Source Hiring Agreement. The fact is that our workers
are City of Miami residents and there is no conflict with the First Source Hiring Agreement. In fact...
Commissioner Teele: What did you say?
Mr. Franklyn: They said they could not hire our workers.
Commissioner Teele: Where?
324 December 14, 1999
0
Mr. Franklyn: In the - if you look at the first marking, the letter from Jay Cross, which was sent to you. I
would say they are knowingly, willingly, deceiving ,you - willfully deceiving rs
of the Miami Arena workers. In the letter that was sent to you, in the third paragraph, tleya aid the hiring
Commissioner Teele: What's the date of the letter, sir?
Mr. Franklyn: October 15, From Basketball Properties.
Commissioner Teele: Where is the letter? I don't see it.
Mr. Franklyn: Should be at the first...
Commissioner Winton: How us something so we can find it.
Commissioner Teele: This is a letter to Commissioner Milian of the Dade County...
Mr. Franklyn: But it was also CC, sent to you. Commissioner Milian was nice enough to give us a copy
of this letter so that we could see what they were sending out to the --
Commissioner Teele: But it was not, for the record, written to this Commission.
Mr. Franklyn: It was. If you look at the CC, it...
Commissioner Teele: It was not written to us. It was written to Commissioner Milian.
Mr. Franklyn: I'm sorry, Correct.
Commissioner Teele: Go right ahead. I apologize.
Mr. Franklyn: But a copy of it was sent to you. They stated that they could not hire these workers
because it would be problematic particular with their existing obligations. The fact is that these workers
are City of Miami residents: And it is in no conflict with the Office of Work Force Development. They
also state in this letter that they Dave sent invitations to the workers, if you look at two pages over, for the
first time, the day before yesterday was a letter sent to the workers, to notify them about the.job fairs. If
You turn to First Source Hiring Agreement, I want to speak to how that is in violation. That would be on
page six. They talked about advertising to the local minority media. I've spoken to the director of the
advertising department of the Miami Times and she said, "At no time was any advertising placed with the
Miami imes." That's the black community's most prominent newspaper. I would think, if they were
trying to reach out to that community, they there would be an advertisement placed with them. They've
also...
Commissioner Teele: I've heard them advertise on WMBM.
Commissioner Regalado: And if I may. The Office of Work Development was in charge of providing
the names of the H 6 people to this Miami I feat. That was a direct cotnmunication that they should have
had in the past. I don't see why they should advertise for the people in the Miami Arena to learn that they
have a right to go and apply. That would be a direction of the Commission that was made to the
administration. So, I don't - you know, it would be unfair for you to say that they didn't advertise because
I mean, they should not.
Mr. Franklyn: I agree with you, that letters should have been sent to them personally.
325 December 14, 1999
Vice Chairman Gort: Gentlemen, excuse me. I'm not going to have this back and forth. Sir, finish your
presentation and we've got a motion on the floor.
Mr. Franklyn: Okay. I would also speak to the major use special permit, where the conditions ask for
them to submit a minority contractors or and minority participation employment plan, which was never
submitted to the minority women and business affairs office. And if you look to the last marcation, which
is the County report prepared on BPL's practices of affirmative hiring — affirmative...
Vice Chairman Gort: This is concerning with the County contracts and so on
Mr. Franklyn: Being that the City also had requirements for minority subcontractors hiring, Basketball
Properties was found by the County in an investigation that they were not complying with affirmative
action minority subcontractor practices. And I would state that this is also, as it affects to the City, too. I
would urge you on being that they are not in compliance with these factors, that they should not only offer
a job fair, but have them participate in a hiring process, a real hiring process. Thank ,you.
Vice Chairman Gort: Thank you, sir. Okay. There is a motion on the floor. Any further discussion?
Commissioner Regalado: No.
Commissioner Teele: State the motion, Mr. Attorney.
Vice Chairman Gort: Repeat the motion.
Mr. Vilarello: Mr. Chairman, as I understand the motion is that this City Commission finds, after hearing
the testimony presented today, the evidence that was presented last Tuesday
- at last Tuesday',
the correspondence from BPL, Basketball Properties Limited, and the memorandu n fromS themeeting
Manager today that you find that, at this time, they appear to be in compliance with the First Source
Hiring Agreement.
Commissioner Regalado: And? And?
Vice Chairman Gort: The friendly amendments.
Mr. Vilarello: With the direction to the Manager to report to the City Commission on a weekly basis, and
have report to the City Commission on January 13cn
Vice Chairman Gort: And most important, I would like the administration to make sure that we follow
those 116 names that you have and what happen to those, and report back to us as soon as - OK? Being
no further discussion, all in favor state by saying aye.
The Commission (Collectively): " Aye."
Vice Chairman Gort: Nays? No nays. Thank you.
326 December 14, 1999
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-979
A MOTION OF THE MIAMI CITY COMMISSION SUPPORTING AN
EVIDENTIARY FINDING AT THIS TIME, AFTER HEARING TESTIMONY
PRESENTED ON THIS SAME DATE, EVIDENCE PRESENTED AT THE
MEETING OF DECEMBER 14, 1999, THE CORRESPONDENCE FROM
BASKETBALL PROPERTIES AND LEVY RESTAURANTS (BPL), AND THE
MEMORANDUM FROM THE CITY MANAGER ALSO ENTERED INTO
THE RECORD TODAY, THAT BPL APPEARS TO BE IN COMPLIANCE
WITH THE FIRST SOURCE HIRING AGREEMENT MADE WITH THE CITY
OF MIAMI RELATED TO THE NEW AMERICAN AIRLINES ARENA;
FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT
DESIGNATED STAFF FROM COMMUNITY
DEVELOPMENT/WORKFORCE DEVELOPMENT DIVISION TO WORK
CLOSELY WITH THE 116 INDIVIDUALS WHO WORKED FOR THE OLD
MIAMI ARENA AND ARE CURRENTLY DISPLACED, TO MAKE SURE
THE COMMISSION IS PROVIDED A WEEKLY STATUS REPORT IN
CONNECTION WITH SAID ISSUE AND A REPORT ON JANUARY 13, 2000.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Thank you. Thank you.
73. ORDER OF THE DAY —ITEMS TO BE HEARD
Commissioner Regalado: Mr. Chairman, if I may, I just want to know what is the preference of the
Commission. We have a lot of issues that were left from the other meeting. We have also our issues.
Vice Chairman Gort: Why don't we select the issues most important that we need deal with? Our
issues...
Commissioner Regalado: We don't know what time we're going to do - Willie, I have to leave at a
quarter to 12.
327 December 14, 1999
Vice Chairman Gort: Gentlemen, I'll tell you, I have to leave and I'm not going to be able to come back.
So, let's deal with whatever we have, whatever the issues of importance, please bring it up. Mr. Manager,
are there any issues that we have to deal with today that cannot wait until...
Commissioner Regalado: No, no, no. First, we deal with the issues that we have and then...
Vice Chairman Gort: I'm going to do that. I'm going to do that. But let me see what the Manager - what
else they have.
Commissioner Sanchez: Just for the record...
Commissioner Teele: Mr. Chairman, I move that the...
Commissioner Sanchez: Mr. Vice Chair, if I may...
Commissioner Teele: I move that this meeting be adjourned at 11:45.
Vice Chairman Gort: Correct.
Commissioner Sanchez: I second.
Commissioner Teele: Just so that we're clear on what we're doing here.
Vice Chairman Gort: Right.
Commissioner Sanchez: Mr. Vice Chair, I...
Vice Chairman Gort: Excuse me. Let's -- we are going to hear our items first, all right.
Commissioner Sanchez: But what I'm saying, I'm willing to defer all my...
Vice Chairman Gort: Your pocket items -- you are willing to defer all your pocket items?
Commissioner Sanchez: No, not all my pocket items. I'm willing to defer my Commission items to make
sure that two of my pocket items are heard today.
Vice Chairman Gort: Good. Okay.
Commissioner Teele: You bring up anything you want to hear - be brought up. You are the
Commissioner. We are here for the legislative agenda.
Commissioner Sanchez: Yes, that's right.
328 December 14, 1999
Mr. Donald Warshaw (City Manager): Commissioner, at the end of the last meeting, you asked me,
before we adjourned on Tuesday, were there any items we had to hear. We heard those items. The only
items that remain that had to be heard today, I believe, were the City Attorney's items.
Vice Chairman Gort: No, we can wait until January...
Mr. Warshaw: Our settlements -- and the City Clerk, I understand, has requested that item number 34,
which was the provision for the election be discussed again.
Commissioner Teele: I so move the matter on item number 34, which was moved and adopted, but there
appear to be a recess before it was recorded by the clerk; is that right?
Mr. Walter Foeman (City Clerk): That is correct.
Commissioner Teele: That is the motion that would allow the clerk to allow people to qualify for the
Office of Mayor.
Commissioner Sanchez: Second.
Vice Chairman Gort: Right. We voted on it twice. All in favor state by saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: Unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-980
A MOTION MAKING PROVISIONS FOR HOLDING A NONPARTISAN PRIMARY
ELECTION ON MARCH 14, 2000 FOR THE NOMINATION OF CANDIDATES FOR
THE OFFICE OF MAYOR, AND FOR HOLDING A LATER GENERAL MUNICIPAL
ELECTION (RUNOFF) ON MARCH 28, 2000, IF NEEDED.
329 December 14, 1999
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
fv. �y L;JAL C;,OMMISSION MEETING HELD IN CONNECTION WITH THE FIRST
1hI1 G AGREEMENT COMPLIANCE BY BASKETBALL PROPERTIES AND LEVY
NITS AT THE AMIERICAN AIRLINES ARENA AND RECONVENED TO CONSIDER
CH HAD BEEN CONTINUED FROM THE DECEMBER 14, 1999 REGULAR AGENDA.
Mr. Donald Warshaw (City Manager): The other item that the Clerk requested was item number 56,
which was the straw ballot on the Fire Department. Now, other than that, the rest of our items can wait
until January.
Commissioner Regalado: Okay. On the straw ballot. Mr. Chairman...
Mr. Alejandro Vilarello (City Attorney): I'm sorry, Mr. Chairman. I have to bring a point of order.
Apparently, the special meeting has not been adjourned and you need to officially --
Commissioner Teele: Mr. Chairman, I move the adjournment of...
Vice Chairman Gort: Adjournment of the special meeting.
Commissioner Teele: ...of the special meeting, which was called for the limited purpose of conducting a
quasi-judicial hearing.
Commissioner Sanchez: Second.
Vice Chairman Gort: It's been moved. And there is a second. Any discussion? Being none, all in favor
state by saying aye. .
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 99-981
A MOTION TO ADJOURN THE SPECIAL COMMISSION MEETING
HELD IN CONNECTION WITH THE FIRST SOURCE HIRING
AGREEMENT COMPLIANCE BY BASKETBALL PROPERTIES AND
LEVY RESTAURANTS AT THE AMERICAN AIRLINES ARENA.
330 December 14, 1999
"NO.)
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Mr. Vilarello: And we need to reconvene...
7,6 MAKE PROVISIONS NONPARTISAN PRIMARY ELECTION ON MARCH 14, 2000 FOR
MAYOR, AND FOR, HOLDING A LATER GENERAL MUNICIPAL ELECTION (RUNOFF) ON
M►RO�i, 20U0, IF NEEDED. [see'Sec.; #71.and'24)
Commissioner Teele: Mr. Chairman, I would move item number 30...
Mr. Alejandro Vilarello (City Attorney): We need to reconvene the...
Commissioner Teele: ...item number 34, which was previously adopted today inappropriately in the
special meeting and was previously adopted in the other meeting relating to the Clerk's matter,
authorizing the Clerk to receive the qualifications and conduct the special election for the Office of the
Mayor.
Commissioner Sanchez: Second.
Vice Chairman Gort: With that motion, we now reconvene the meeting that was -- what was the word we
used? Continue. Continue of the meeting from last week. Okay, all in favor state by saying aye.
The Commission (Collectively): "Aye."
331 December 14, 1999
`s:
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-982
A RESOLUTION OF THE, MAIMI CITY COMMMISSION, WITH
ATTACHMENT (S), MAKING PROVISIONS FOR HOLDING A
NONPARTISAN PRIMARY ELECTION ON MARCH 14, 2000, FOR THE
NOMINATION OF CANDIDATES FOR THE OFFICE OF MAYOR, AND
FOR HOLDING A LATER GENERAL MUNICIPAL ELECTION ON MARCH
28, 2000, UNLESS SAID OFFICE HAS BEEN FILLED IN THE
NONPARTISAN PRIMARY ELECTION; PROVIDING FOR THE
REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID
NONPARTISAN PRIMARY AND GENERAL MUNICIPAL ELECTIONS;
DESCRIBING THE REGISTRATION BOOKS AND RECORDS
MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF
FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED , WHICH THE CITY HAS ADOPTED AND
DESIRES TO USE FOR HOLDING SUCH NONPARTISAN PRIMARY AND
GENERAL MUNICIPAL ELECTIONS; DESIGNATING AND APPOINTING
THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY
COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION'
BOOKS AND RECORDS;AND DIRECTING THE CITY CLERK TO GIVE
NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION
AND THE PROVISIONS HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Winton Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
77. (A); DISCUSS PROPOSED STRAW BALLOT, QUESTION REGARDING TRANSFER OF CITY
FIRE -RESCUE SERVICES TO MIAMI-DADE COUNTY - REQUEST STUDY;
(B) COMMENTS BY COMMISSIONER REGALADO ON SLOW RESPONSE FROM OFFICE
OF MEDIA RELATIONS OF INFORMATION REQUESTED.
Vice Chairman Gort: Item 56. We're on Item 56.
Commissioner Regalado: Item 56. This is the straw ballot question. I - during the Sunshine meeting that
two members of this Commission attended, it was discussed this possibility and I requested from the City
Attorney that he would bring some written resolution regarding the possibility of placing a straw ballot
question on the March 14, 2000, regarding the transfer of the City of Miami fire -rescue services to
332 December 14, 1999
Miami -Dade County. My question first to the City Attorney is, according to the timetable for a straw
ballot, we have until January 28, is that...
Mr. Alejandro Vilarello (City Attorney): If I could refer that question to the City Clerk. He's got the
specific date.
Mr. Walter Foeman (City Clerk): Yes, January 28, is the deadline for straw ballots.
Commissioner Regalado: Okay. For the straw ballot, however, for the other charter amendment, we only
have until January 10.
Mr. Foeman: Fourteen. That's correct.
Commissioner Regalado: Which will fall on the meeting...
Vice Chairman Gort: Friday. We have a meeting the day before.
Commissioner Regalado: Tile day before. But we have to deliver that on the 14th to the Dade County
Election Department. The straw ballot issue, I have some communications here, which I think is
important, and- we received only minimal information regarding the Miami -Dade fire service from Chief
Gimenez to the chief of staff or the Manager. And I did receive, however, some information regarding
the travel time of Miami -Dade County, which seems to me, does not agree with the information that it
was provided to us. Mr. Chairman, if I may, we have a board member of the Miami -Dade Fire -Rescue
Board here, Dr. Roberto Godoy, and he was a former chairman.
Commissioner Sanchez: Mr. Vice Chair, if I may?
Vice Chairman Gort: We have until 11:45. We have 45 minutes to conduct all the transactions that you
have. My understanding is we're not going to be able to - we can bring this back on the 14 or we can
bring them up some other time. I personally, right now, I'm not ready - I would not vote on this because I
don't have enough sufficient data to be able to vote on it.
Commissioner Regalado: But that's the problem.
Vice Chairman Gort: And I don't think that should go in front of the Commission.
Commissioner Regalado: But that is the problem. And how do we get that information? I have here --
wait a minute. I have here information from chief - director of Miami -Dade Fire -Rescue Department on
the response time on some rating systems in Dade County, which I - it does not coincide with the
information that we received. Now, if you all want to bring this back, no problem with me.
Vice Chairman Gort: You want to hear from Mr. Godoy? Mr. Godoy, go ahead.
Commissioner Regalado: No, no problem with me. I mean, you know, it's up to the Commission. But I
think that, you know, we keep getting very limited information. We do not have information and we will
not have information on January the 14th. So --
333 December 14, 1999
Commissioner Sanchez: That's correct.
Commissioner Sanchez: Mr. Vice Chair, if I may have the opportunity to speak on this item.
Vice Chairman Gort: Yes, sir. It's you all's meeting.
Commissioner Sanchez: Let me just say something. I think that things are going way too fast in the City
of Miami. We have a lot of changes that are going on. I think that this, at this stage, is very premature.
We have not had a response of the studies that we, this Commission, asked for from the City of Miami
and Metro -Dade, there is a lot of things into consideration. I would like to be very, very well informed of
these studies and be provided with the information that we have asked for before we take this decision.
And I -- right now, in this stage of the game, I think that I am very reluctant to make a decision on the
item, let alone let the public make a decision oil the item because if I'm not well informed, I know they
are not well informed on the item. And there are a lot of issues to take into consideration that I will bring
up later. But right now, you know, we're taking things very fast. We need to slow down a little bit.
Because what we are dealing with all these changes, we are basically confusing people, and I think that
the process needs to slow down ,just a little bit. To make this detcrmination at this time, not having the
appropriate studies back and the proper answers of many questions that this Commission has, is not
appropriate.
Commissioner Teele: Mr. Chairman, if I may?
Commissioner Regalado: If I may? I yield to Commissioner Teele, but I have to say something.
Commissioner Teele: Mr. Chairman, you know, I've said 100 times that we've got to listen to each other
when we deal with legislative issues. The one thing that the previous Chairman and I use to disagree on
is the fact that the — everybody's agenda came ahead of the Commission agenda in discussion. We're here
as a legislative body. We, as colleagues, as Commissioners, and our deliberations are the most important
things that we do, other than passing a budget. Approving these various contracts that we spend all of our<
time with is really secondary to the legislative process. Now, what Commissioner Regalado said had
nothing to do with what the response what. What he asked for, first of all - and we can have a vote and if
it's three to two, four to one, it doesn't matter. I mean, I've been on more four to one votes sense I've been
here than anybody on this Commission. I was - for the fire fee, when the vote was four to one against it, I
x �-t
was for -- I mean, I can go down the line. I don't mind being the one person, because I'm going to do
si
what I think is right. What Commissioner Regalado said was a straw vote. Okay. Number one, which is
a
not a decision. It's not a decision of the Commission. It's not a decision of the voters. A straw vote is a
straw vote, and a straw vote has absolutely no binding authority: And I'm just trying to respond in the4.
context of a friendly debate, if you will, a friendly discussion that legislatives normally do on what the
issues are. Your view that things are moving too fast is a view. The fact of the matter is, is that the voters
approved a major charter change and that if we are not careful, as a legislative body, because we've not
restructured ourselves and reconfigured ourselves, we're going to be in the same box this Commission
was in when you approved the executive mayor, couldn't even agree on the date and the time to swear in
the Commissioners because the charter has a lot of ambiguities in it and there are a lot of things that have
got to be dealt with and addressed, but when do we have time to do it? If you put the Commission 's
agenda and the legislative items after you do all of the $30 bid waivers and the $700 furniture. you are not
going to ever discuss it. So, I think that's the first issue. The second issue is this: You are right, we have
not gotten back any of the studies. In fact, and you are not going to get back any of the studies. If your -
I can tell you that right now. And the studies themselves, I think, would be extremely germane. But I
think what is important is number one, the decision or not to discuss and to allow the voters to give tts
their advise and to engage in a debate, a great debate, that is municipal wide about whether or not the City
334 December 14, 1999
,L'
could or should combine the fire services, I think is a very healthy debate. Whether it takes place in
March, whether it takes place in September - there is going to be a County wide ballot in September, there
is going to be a County wide ballot in October, there is going to be a County wide ballot in November.
The fact of the matter is that the ballot is going to mean nothing because the authority to do that rests
essentially with this Commission and with the Mayor. I believe that a request to be acted upon on
January 13t1t, by this Commission, by a colleague, to instruct the Attorney to draft language is not only
appropriate, it is required, as a matter of courtesy, to allow a person to at least have the issues to discuss.
In other words, what he's asking for, at least what the requirement of the Charter would be, is that there be
an instruction to the Attorney to draft up legislation and unless the legislation is demonic, unless the
legislation is horrible, then every colleague should give that courtesy to a colleague as a matter of getting
the information forward. Now, that doesn't mean you are going to vote for it when it comes up on this
l3th for a vote. It merely means that you are extending to a colleague the courtesy of getting information
and to that point...
Vice Chairman Gort: Commissioner Teele, I don't think, at any time, that we disagree with that. I don't
think -- what we discussed today -- what I wanted to discuss today is that we have 45 minutes and if Mr.
Godoy would make a presentation and then the Chief is going to make his presentation, we might eat up
the 45 minutes and I want to take care of this item, our items and our legislative items. I agree with him
100 percent to go ahead and put that on -- for the 13th, to bring the language. And I think all of us agree
on that. But at the same time, I'm going to request, along with the language, to make sure we do get the
study -- like you say, we are the boss here. I want -- by that time, I want to be able to know if there is any
savings, how much would be the savings, if there are any response time missing or added, I want to know
what the response time is going to be. At the same time, what would be the effect of the client or the
victims in accordance with this response time? I think this is the type of information we need to make
intelligent...
Commissioner Sanchez: What would happen with the civilian employees in the Fire Department? There
are a lot of questions that need to be answered.
Vice Chairman Gort: There are a lot of questions to be asked. So, go ahead with your -- what is your
motion?
Commissioner Regalado: Mr. Chairman, I don't have any problem on doing this on the 13th, on the 14th,
on the 15th. I don't have any problem. My point is that the problem that we always face is that we do not
get the information and we will not get the information, and I'll tell you why. On the blue page of my
agenda for last Tuesday meeting, there was an item about the Office of Media Relations. I requested on
the 28 of November, for last Tuesday's meeting, some information, information that I received today, on
December 17, signed by the Manager. Had we not had the discussion on Brickell and other issues, I
would have to have deferred the issue because I did not have the information and that is my problem. By
the December - by January 13th, we will not get the information, I'm sure of that. Because there is no
communication. I mean, why should I get from the Office of Media Relation today something that was in
the agenda last Tuesday? I don't understand that. And it - for me, I'm not going to discuss it, this issue.
Vice Chairman Gort: Commissioner Regalado, you have all the rights and you are right on that. You
should have had that a long time ago, and that's why I'm instructing the Manager...
335 December 14, 1999
Commissioner Regalado: So, you know, i would request that this will be placed on the next meeting, but
at least, we should have some information as of today, we have only one memo, one memo and a half and
all the back-up material.
Vice Chairman Gort: Okay.
Mr. Warshaw: If I may just...
Vice Chairman Gort: I agree with you.
Mr. Warshaw: I'll make sure you have detailed response to the question that you just asked. The memo
that Commissioner Regalado is referring to was an internal memo prepared by the Fire Chief to my Chief
of Staff and I sent, as a courtesy, to all of you, because this was a discussion item today on the straw vote,
but that is not an official response from me to you. That is something I thought would be helpful to you
because the item was on the agenda. I will make sure you have...
Vice Chairman Gort: Mr. Manager, we want to make sure we have that report. At the same time, I'm
sure there is going to be a difference between the report from the County and the City. Somehow, you
have to find a way that someone can come up with the right report and compare the both of them.
Mr. Warshaw: Spoke with the County Manager with the Finance Director of the County and they are
compiling some numbers. Our people will compile service and employment related numbers in terms of
savings and what impact that could conceivably have on Miami residents. So, I'll make sure you have a
very comprehensive response long before the next meeting.
Vice Chairman Gort: Okay. Thank you. Any...
Commissioner Regalado: Mr. Manager, could you tell me why I did not receive this information on the
Media Relations?
Mr. Warshaw: Yes, I can. And respectfully, Mr. Jonle Luis Hernandez was out sick for a period of time
during that. When he came back -- because I wanted him to personally respond to that. He did. On the
13th and you are right, it did take longer than normal and I know I faxed it to you this morning. And I
apologize for that. And I'll try to get those things to you more quickly.
Vice Chairman Gort: Okay. What is the — so, we are going to bring back that report by the 13th and we
are going to have it in our hands before the 13th?
Mr. Warshaw: Yes, sir, I'll make sure you have it no later than right after the first week of January, the
first week of January.
336 December 14, 1999
$�A) ISCUMON CONCEItM-NO n1t USE Or ILAW ENFORCEMENT TRUST FUNDS FOR '
1vIA�OR'S CONFERENCE (SUMMIT).
(9) DISCUSS CREATION OF OFFICE OF CITY ADMINISTRATOR.
Vice Chairman Gort: Okay. Which items -- let's start with your items, Commissioner Regalado.
Commissioner Regalado: I have all item of that I wanted to discuss but chief of police is not here. So...
Mr. Donald Warshaw (City Manager): He's here.
Commissioner Regalado: Oh, lie's here. Oh, okay. It's about the use of Law Enforcement Trust Funds
or the Mayor's conference. The reason I brought this is because we passed a resolution regarding the
Mayor's conference, requesting information on the funds that were to be used and City employees, and it
was told -- the Manager was told that no City employee would work unless and until we get information
regarding the funding sources and the way it was spent. That we did not get. At least I didn't get. I see
that there were some in your memo today regarding the Office of Media Relations, it was mentioned that
all members of the Media Relations did work on the Mayor's conference as well as the PIO, department of
the Police Department. And also we understand that there were some funds used by the Chief of Police
on the security issue. Now, the City Attorney tells me that any funds that are used by LETF (Law
Enforcement Trust Fund) should be approved by the City Commission. So, we have not approved this.
At least, not that I know. And I just wanted to know about those two issues.
Mr. Warshaw: You want me to address both points?
Commissioner Regalado: Yes, please.
Vice Chairman Gort: Yes.
Mr. Warshaw: On the first point, the City Attorney -- and I'll let him speak to the issue directly -- advised
me that, based upon the resolution that the Commission passed, namely, that the books of the Mayor's
summit would have to be open in accordance with the directive of the Commission, which I understand
that they were, that I did assign, on a temporary basis, on a loan basis, some City employees to work on
the Mayor's summit, and I'm advised by the City Attorney that that was not in conflict or contradiction
with the resolution passed by the Commission.
Commissioner Regalado: You say that the books were open. That the funding sources -- or the funding
sources were open.
Mr. Warshaw: To the best of my knowledge -- I didn't personally look at the books.
Commissioner Regalado: Well, who did? I didn't. I mean...
Mr. Warshaw: I mean, I didn't ask to look at them.
Commissioner Regalado: So, you didn't see it? I didn't see it. .
337
December 14, 1999
i4.
{
4
Mr. Warshaw: I didn't -- you are right; I did not request to look at them.
Commissioner Regalado: But we did. So, who do we address that issue, Mr. City Attorney? I mean, it's
not that we want to rain on anybody's parade. It's just that it was a resolution that it was not complied
with. That's what I think.
Commissioner Teele: But you don't know it was not complied with, do you?
Commissioner Regalado: I don't know because I -- the Commission did not receive any information.
But, yet, the Manager did send employees to work on the Mayor's conference.
Commissioner Teele: That's not true, to my knowledge. I've not seen any reports to that effect.
Commissioner Regalado: It's here.
Commissioner Sanchez: Well, I don't have a copy of it.
Commissioner Regalado: It's a memo that I got today.
Commissioner Teele: What?
Commissioner Regalado: Employees of the City of Miami work on...
Commissioner Teele: In direct violation of the resolution of...
Commissioner Regalado: I'm asking the City Attorney. It says here...
Commissioner Teele: You know what, it's Christmas, it's holidays -- we don't have but 30...
Commissioner Regalado: I don't -- like I said, I just don't want...
Commissioner Teele: ...minutes.
Commissioner Regalado: Look, I don't want any problems. I'm just saying that we passed a resolution
and we were not told. I'm just saying that the City Attorney told me that we had to approve funds and we
were not told we did not approve it. That's all.
Vice Chairman Gort: Let me tell you what the bottom line is. And I want the administration to try to
understand this. It's like Teele says -- Commissioner Teele stated, December, Christmas is around the
comer, -we have very few time, but some of us, if not all of us, feel that sometimes we legislate, we ask
administration to do things and they don't get done and that -- embarrass us, it makes us feel bad and that's
what happened in the past, that the administration will go around and would play the shell game and do
whatever they have to do. And we were under the impression there was no longer existing and we hope
that's not in existence. But I think we have to be respected in here, that if we passed a resolution and we
make a statement, the administration should follow it. And if it cannot be complied with it, let us know.
Let us know in the time when we pass the resolution. Look, you are wrong. You cannot do it. This is
what we need to do.
338 December 14, 1999
Commissioner Teele: Willie, may I just piggyback that point? Because this is the point that i want to
make. What happened -- and i don't even want to talk about that. This is where we are missing the ball,
we, the 5 of us. In 90 days that administration will not work for us, okay. And we need to be very clear
about that. In 90 days that administration will not accept directives from us, except in a different kind of
way. You can legislatively -- and we need to start thinking this thing through. You can tie it to dollars.
We control appropriations in budgets, but you will not be able, Commissioner Regalado, in 90 days, to
tell -- direct that man sitting where Doti Warshaw is an hopefully it will be don't Warshaw to be very
candid -- as the City administrator, and I intend, Mr. Attorney, and I want you to draft legislation creating
the Office of City Administrator that does not report to the Commission, that is not confirmed by the
Commission, OK, but is appointed by the Mayor, and the only thing that I'm going to require is that he or
she must be a resident of the City of Miami and given the same time, 180 days to be that. Okay. That's
going to be this only stipulation that i've got with it. Because the one thing that Mayor Carollo kept
saying, The Miami Herald kept saying that made sense, is that this Commission should not be expanding
its authority. If we're bringing in a strong Mayor, then the Mayor should have the authority to hire his
Manager, et cetera. But the point is this. If we direct and if we legislate and say to this Manager, the
administrator, Mr. Administrator, Mayor Carollo, as the strong Mayor or Mayor Suarez, or would
whomever lie or she may be, cannot use City resources from this budget. If they violate that, they will
have violated the anti deficiency. And see, and that's where -- you know, nobody understands but the
leverage comes in now on the anti deficiency. Because we have created a legal mechanism whereby, if
they violate our budget directives, they are in violation of the law, of a civil law now, and that's where all
of that begins to kick in. The simple fact of the matter is now, they are probably in violation of it anyway
if they use staff. I don't believe --1 Haven't seen this memo. But if they use staff in direct violation, they
clearly in violation of the anti deficiency as it relate to the use of City dollars in an inappropriate manner.
But I don't think we ought to review that issue, Commissioner Regalado, now until we all have an
opportunity to have this information you have. I have opened - mouth astonishment and shock if the
administration, in fact, did do that. I mean, I would be bitterly disappointed. The only thing I no for a
fact is that in Overtown, on the Saturday of the summit, there were no police unit's cover -- sufficient to
provide back up. And I asked the police officer that was there, why are you over here? And they said
well, I was sent from Allapattah because there is no police officer at all covering Overtown and I said
well, who is your back up? Well, I don't have one. But if we get a call -- which he got -- they will send
somebody over and they sent somebody over from the Grove or Flagami, which took 40 minutes to back
that person up. And the guy -- you know, I don't seen know the police officer. Wouldn't know him if lie
walked through the door, other than he's a very small, very nice guy, very manner able guy, eating in a
black - owned restaurant, which I thought was really the kind of thing that we want to encourage in our
police. And I was very commended but 1 was shocked to learn that. And then 1 had a conversation with
the Chief -- you said you would look into it and we would get back. I don't -- I really am not comfortable
taking this up. If you have got the information that show that's -- because 1 think it would be horrible if
that is true.
Commissioner Regalado: Commissioner, again, I don't -- I just brought this up because I think it's
important that we are informed. And you are right; I don't want to create any problems, at all. But I do
have the information that, indeed, people working for the City of Miami worked. It's here in this memo
from the Manager. But other than that, I just want a brief comment from the Chief regarding the use of
funds because I'm confused. I'm --I don't know whether we should approve. If we approve it retroactive,
would that be something that we do all the time. So, you know, it's something that I was curious because
I think that we deserve to know. And, Chief, if you briefly because I don't want to take the rest of the
time of the Commission.
Commissioner Teele: Commissioner Regalado, I would appeal to you. We've got 20 minutes left,
Commissioner.
339 December 14, 1999
14�
Commissioner Regalado: Absolutely. That's what I said. if you want to leave it for the 13th, I'm...
Commissioner Teele: I would much rather leave it for the i 4th. Give them a chance to confer. I'm
presiding for a minute. And because this is very distasteful -- i mean, I think he needs to talk to the City
Attorney, to be honest with you, before lie says anything. I certainly would advise him to talk to the City
Attorney before he talks about this.
Commissioner Regalado: Well, I'll --just do it on the 13th. I don't have any problem at all.
I3A'Y kONT PARK MANAGEMENT TRUST TO ISSUE A REQUEST FOR
PROPOSAI;,S/ktQUEST FOR QUALIFICATIONS AND INFORMALLY SOLICIT FOR, AND
NEGOTIATE WITH; FIRMS FOR SELECTION OF A VENDOR TO PROVIDE VALET PARKING
6Rtta.PARKING OPERATION IN BICENTENNIAL PARK ON A TEMPORARY BASIS
Commissioner Teele: Pocket items, Commissioner Sanchez. The rule is, if you do the pocket item, then
you've got to stay until the last Commissioner does his. Go ahead. Because everybody's going to run out
when they do theirs.
Commissioner Sanchez: The reason why I'm doing this, I'm committed to be somewhere at 11:30, Mr. Chair,
and I would like to -- being that I deferred all my Commissioner items, I just have two pocket items
pertaining to Bayfront Park and they are of an emergency. This pocket item is a resolution, with attachments,
authorizing the Bayfront Park Management Trust, "The Trust," to issue a request for proposal in substantially
the attached form for the operation of a valet or self -parking operation at Bicentennial Park.
Commissioner Teele: Moved and seconded by Commissioner Regalado. I would ask three things: Number
one, that it be — that the RFP (Request for Proposal) come back to the City Commission. RFP/RFQ (Request
for Qualification). I really think you probably want an RFQ more than -- RFP/RFQ.
Commissioner Sanchez: RFP.
Commissioner Teele: Or RFQ.
Commissioner Sanchez: Or RFQ.
Commissioner Teele: But it come back to this Commission in the form of a public hearing. I intend to
support it. I would like to support something like that but, Commissioner Sanchez, I think there's going to be
substantial community opposition to this...
Commissioner Sanchez: If I may? If I may?
Commissioner Teele: ...you know, when it comes up. And I think we ought to have it back on the 13th, if
that's all right with you? To bring it back at a time certain, like the 13th.
Commissioner Sanchez: Well, see, it's basically an emergency because what we want to do is, we don't have
the appropriate time to put out an RFP to get someone to take care of the parking there. So, what -- the other
resolution that I have is basically giving the Miami Off -Street Parking an opportunity, on a temporary, just to
come in and do it. Because, basically, the funds that we're getting for that, it takes money to keep up
Bicentennial Park and Bicentennial Park...
340 December 14, 1999
f
t
Commissioner Teele: I tell you what I would do. Let's approve the first one first and -- with the proviso that
it be -- that the RFP be approved by the Commission.
Commissioner Sanchez: But let me just give you heads -up. No car will be parked in the grass. They will be
parked on the racetrack, OK? And I think there's going to be a lot of measures to take, to not only protect the
park...
Vice Chairman Gort: We have a racetrack now?
Commissioner Teele: Pocket item. The motion is a motion to authorize the Bayfront Trust to issue an
RFP/RFQ for the purpose of selecting a vendor to provide valet parking at the Bicentennial Park.
Commissioner Sanchez: On a temporary basis.
Commissioner Teele: On a temporary basis.
Commissioner Winton: Is this event specific? Is it for one event or is it ongoing?
Commissioner Sanchez: Well, it's for the New Year's Eve event and then the games at the Arena.
Commissioner Winton: Well, it seems to me -- Commissioner Teele, I think I have to agree with you. I think
Commissioner Sanchez, if it was event -specific and only the New Year's Eve thing, which is the immediate
crunch time here, I feel comfortable making a decision that we do that. But if it's an ongoing thing, I really
do think we have to have public hearings because there's -- we're going to get whacked just for doing it one
event, never mind ongoing. So, I think we do need to have public hearings on the ongoing portion of this.
Commissioner Sanchez: I agree with that. We'll put out the RFP and have public hearings on it.
Commissioner Teele: But this motion relates to approving the Bayfront Trust, which is a bigger problem.
But the Bayfront Trust, in issuing an RFP/RFQ, for the purpose of providing valet parking, with the RFQ...
Commissioner Sanchez: Or self -parking operation.
Commissioner Teele: Or self -parking operation. With the RFP/RFQ to come back to this City Commission
with a public hearing for that on January 13th. And I want to support that because I think we need to have the
discussion on that. Motion is moved and second. Let me just mention two things, Commissioner Winton, to
you on this. Bayfront Trust does not have a right to do what we're proposing to do. The park belongs to the
City's Park Department. And Commissioner Plummer, who chairs the Bayfront Trust at the time, got
acquiescence from the Commission to do temporary parking for construction, with the money to go to
Bayfront Trust. And what this is going to have is separate legislation, which I would support, that any
parking revenues go into Bayfront Trust for this because, technically, these monies don't go there. They go to
the Parks Department. But I've got to say this to you. I think this is something -- it's really got to have a
master plan. This has got to really be controlled. There's got to be a whole lot more work done with it.
Other discussion? Other comments? Opposition?
Commissioner Winton: If this is going to January 13th, you said, Commissioner Teele?
Commissioner Teele: It's going to come back to us on January 13th.
Commissioner Winton: January 13th. So, how do we deal with the issue of the specific
341 December 14, 1999
Commissioner Teele: A separate motion.
Commissioner Winton: On the New Year's Eve thing?
Commissioner Teele: Separate motion.
Commissioner Winton: Got it.
Vice Chairman Gort: OK. It's been moved and second. Any further discussion? Being none, all in favor
state by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 99-983
A MOTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT
TRUST TO ISSUE A REQUEST FOR PROPOSALS/REQUEST FOR
QUALIFICATIONS FOR THE PURPOSE OF SELECTING A VENDOR TO
PROVIDE VALET PARKING OR SELF PARKING OPERATION IN
BICENTENNIAL PARK ON A TEMPORARY BASIS; FURTHER
DIRECTING THE MANAGER TO BRING BACK SAID RFP/RFQ FOR
COMMISSION CONSIDERATION DURING A PUBLIC HEARING TO BE
SCHEDULED AT THE MEETING OF JANUARY 13, 2000.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
Commissioner Sanchez: The other pocket item is a resolution authorizing the....
Commissioner Teele: Will you accept an amendment to that item?
Commissioner Sanchez: To this one?
Commissioner Teele: Yeah.
Commissioner Sanchez: When I'm done with it.
Commissioner Teele: Yeah.
342 December 14, 1999
Commissioner Sanchez: Authorizing the Bayfront Park Management Trust, "The Trust," to execute a
revocable...
Mr. Alejandro Vilarello (City Attorney): Revocable Use Permit.
Commissioner Winton: Revocable.
Commissioner Sanchez: It's misspelled. Revocable license agreement in a form acceptable to the City
Attorney, with Miami Off -Street Parking for the operation of self -parking concession in Bicentennial Park,
terminating when a long-term use agreement has been negotiated with the Trust. So moved.
Commissioner Teele: I second the notion.
Vice Chairman Gort: Second.
Commissioner Teele: The Attorney's got an issue. I've got two amendments. The first amendment is that the
revenues of this event would go to the Bayfront Trust. That's the first one. Because the revenues do not
belong to the Bayfront Trust. The revenues belong to the Parks Department, and everybody's got to
understand that. Arid, secondly, that the Executive Director of the Bayfront Trust will hold an informal bid,
including Off -Street Parking, and that that -- the Executive Director will make that decision, but I think it's a
mistake for us just to continue to do no bids, even with Off -Street Parking. You're going to get a much better
bid with that kind of process than giving it to somebody. So, the motion would be that the Executive Director
of the Bayfront Trust would be authorized to have an informal bid process.
Commissioner Sanchez: For the other one because we don't have enough time for...
Commissioner Teele: This is on the emergency.
Commissioner Sanchez: Yeah.
Commissioner Teele: Let me tell you something. You can do that in one day. You call five vendors. You
call Southern. You call Central. You call this. You call that. And, you know, say, give me a number, give
me a price. And, then, we don't get into this thing of not -- of sole source bids.
Commissioner Sanchez: Informal bidding.
Commissioner Teele: Of an informal bid process. The Executive Director of the Bayfront Trust, and let the
bids come to him.
Vice Chairman Gort: Does the maker of the motion accept the amendment?
Commissioner Teele: Yeah.
Vice Chairman Gort: OK.
Commissioner Winton: One more question.
Vice Chainnan Gort: Further discussion? Yes.
Commissioner Winton: Just a point of clarification. So, this resolution is the one that's dealing specifically
with New Year's Eve?
343 December 14, 1999
Commissioner Sanchez: Yes, sir.
Commissioner Winton: And does it say it in there? I didn't -- somewhere or another, I missed that point,
when you read the...
Commissioner Teele: Why don't you add New Year's Eve and the first game. When is the first game going
to be?
Commissioner Winton: The 4th...
Commissioner Regalado: The 7th.
Mr. Donald Warshaw (City Manager): January 2nd.
Commissioner Teele: Why don't you include the time period between December 30th and December 14th?
Commissioner Sanchez: That could be an amendment.
Commissioner Regalado: January.
Commissioner Teele: January 14th -- January 13th. That's when the next Commission meeting is.
Vice Chairman Gort: OK. That's also part of the motion. Is the motion understood?
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman?
Vice Chairman Gort: Yes.
Mr. Vilarello: It's just a point of reference. There is an existing revocable license agreement on a portion of
Bicentennial Park, which, of course, this will have to be consistent with.
Commissioner Sanchez: It's a revocable license agreement.
Mr. Vilarello: Morace Diesel, for the construction -- temporary use of parking during the construction phase.
Vice Chairman Gort: No. But the construction will be over by that time.
Mr. Vilarello: I don't have specific information as to what the status...
Vice Chairman Gort: My understanding is, by that time, 90 percent of the construction will be over and you
would need less cars to be parked there.
Commissioner Sanchez: And not only that, it states in the morning and, then, at night.
Commissioner Teele: But his language is acceptable. It has to be consistent with the existing agreement.
Vice Chairman Gort: Right.
Commissioner Teele: But you all control.
Vice Chairman Gort: OK. Any additional discussion? Being none, all in favor state by saying "aye."
344 December 14, 1999
The Commission (Collectively): "Aye,"
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO.99-984
A RESOLUTION OF THE MIAM1 CITY COMMISSION
AUTHORIZING AND DIRECTING THE EXCUTIVE DIRECTOR
("DIRECTOR") OF THE BAYFRONT PARK MANAGEMENT TRUST
("TRUST") TO INFORMALLY SOLICIT FOR, AND NEGOTIATE
WITH, FIRMS FOR THE OPERATION OF A VALET AND SELF -
PARKING CONCESSION AT BICENTENNIAL PARK ON A
TEMPORARY BASIS; FURTHER AUTHORIZING AND DIRECTING
THE, DIRECTOR OF THE TRUST TO ENTER INTO A REVOCABLE
LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE FIRM DETERMINED BY THE DIRECTOR
TO BE THE MOST RESPONSIVE FIRM TO OPERATE THE
PARKING CONCESSION, ON A TEMPORARY BASIS, UNTIL A.
REQUEST FOR PROPOSALS IS ISSUED, A LONG-TERM
AGREEMENT IS NEGOTIATED BY THE DIRECTOR OF THE
TRUST, AND AN AGREEMENT IS PRESENTED TO THE CITY
COMMISSION FOR ITS REVIEW AND CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
�U APPROVE INCREASE IN CONTRACT FOR "TOWER THEATER REHABILITATION
PROJECT, B-3253, SECOND BIDDING" WITH PINO-FONTICIELLA CONSTRUCTION CORP.
FOR INSTALLATION AND CONSTRUCTION OF ITEMS• AUTHORIZE ARCHITECTURAL FIRM
OR LANDSCAPE ARCHITECT SERVICES TO THE SOUTHWEST 15 AVENUE PLAZA DESIGN
PROJECT ($275,000).
Commissioner Regalado: I've got...
Vice Chairman Gort: Go right ahead, sir.
Commissioner Regalado: This is pocket item, section 80. I have two pocket items. One has to do with
the Tower Theater. It's in Commissioner Sanchez' district. We -- all the members of the Commi
ssion _. _.
345 December 14, 1999
have worked, administration has requested that we approve some finding. Public Works has identified
the source of the funding. And the reason I'm bringing this is because they could not get on the agenda
and we need to buy the equipment, the audiovisual equipment and some more details about the
structuring...
Commissioner Teele: Second the motion.
Commissioner Regalado: The restructuring of...
Vice Chairman Gort: It's been moved and second. Discussion?
Commissioner Winton: So, explain again what we're doing here.
Commissioner Regalado: What we're doing, Commissioner, is that the Tower Theater on southwest 8th
Street and 15th Avenue had had a lot of problems, as you all know. And Public Works has taken charge
of the project. They have identified the need for audiovisual equipment and they need to funding.
Because they have to order that. It takes several weeks. If we were to place it on the regular agenda of
next month, it would then opening will not be able to be done on March, but also -- but may be on April
or May.
Commissioner Winton: And is the funding for this a part of an already - approved budget?
Commissioner Regalado: Yes, yes.
Commissioner Winton: Okay. I understand. Thank you.
Commissioner Regalado: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Regalado: I guess no more discussion on this item, so we'll vote.
Commissioner Teele: Did we vote?
Commissioner Regalado: Yes. No, we didn't.
Vice Chairman Gort: No, we haven't yet. All in favor state by saying aye.
The Commission (Collectively): "Aye."
Vice Chairman Gort: No nays.
346 December 14, 1999
N
N,
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 99-985
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), APPROVING AN INCREASE IN THE
CONTRACT FOR THE PROJECT ENTITLED "TOWER THEATER
REHABILITATION PROJECT, B-3253, SECOND BIDDING" WITH
PINO-FONTICIELLA CONSTRUCTION CORP., FOR THE
INSTALLATION AND CONSTRUCTION OF ITEMS LISTED IN
ATTACHEMENT "A", IN THE AMOUNT OF
$250,000;AUTHORIZING THE ENGAGEMENT OF AN
ARCHITECTUAL FIRM OR LANDSCAPE ARCHITECT,
PURSUANT TO THE PROVISIONS OF RESOLUTION NO. 99-708,
TO PROVIDE ARCHITECTUAL LANDSCAPING SERVICES TO
THE SOTHWEST 15TH AVENUE PLAZA DESIGN PROJECT, IN AN
AMOUNT NOT TO EXCEED $25,000; ALLOCATING FUNDS
THEREOR IN THE AMOUNT OF $275,000 AS APPROPRIATED IN
ORDINANCE NOS. 11705, AS AMENDED, AND 11839, THE
ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT
PROJECTS ORDINANCES, CAPITAL IMPROVEMENT PROJECT
NO. 322061, FOR SAID INCREASE AND SERVICES; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
81. APPOINT COMMISSIONER REGALADO AS A "COMMITTEE OF ONE," TO BRING BACK
REPORT IN CONNECTION WITH ECONOMIC DEVELOPMENT.
Commissioner Regalado: Now, the other pocket item is one more personal and we all have realize the
need for ideas to bring projects and economic development ideas, so I do not chair any committee -- Mr.
Chairman, sense since I do not chair any committee, I'm requesting that the Commission will appoint me
for a period of 90 days as a one-man committee, to bring back a report to you in the next 60 days on
economic development, the different ideas that we have.
347 December 14, 1999
Commissioner Sanchez: So moved.
Vice Chairman Gort: It's been moved.
Commissioner Teele: Second.
Vice Chairman Gort: Moved and second.
Commissioner Winton: Second.
Vice Chairman Gort: Being no further discussion, all in favor state by saying aye.
The Commission (Collectively): "Aye."
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.99-986
A MOTION APPOINTING COMMISSIONER TOMAS REGALADO
AS A "COMMITTEE OF ONE," FOR THE PERIOD OF 90 DAYS TO
BRING BACK A REPORT TO THE COMMISSION WITHIN THE
NEXT 60 DAYS IN CONNECTION WITH ECONOMIC
DEVELOPMENT.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton.
NAYS: None.
ABSENT: None.
Commissioner Regalado: And I would request, though, the information from the administration on
different issues that will be addressing.
Commissioner Teele: And I would ask that the City Attorney formalize that in a formal resolution for the
January meeting. That outlines -- that gives that a little bit more specificity.
Commissioner Regalado: Thank you.
348 December 14, 1999
t
Commissioner Teele: Mr. Chairman.
Vice Chairman Gort: Commissioner Teele.
Commissioner Teele: Mr. Chairman, I have three issues. I'm going to defer the issue relating to the
boundaries, which I think is very important, but it is my hope that Commissioner Regalado and
Commissioner Gort will chair the boundaries Commission, when and if we ever get around to having a
discussion on it. I've had it on the agenda twice. And that's just, again, Commissioner Sanchez, to begin
to look at our boundaries, to look at specifically at how we can increase our tax base and provide greater
services based upon the core structure that we have, that will have the effect of reducing the overall taxes.
The only thing that I would ask is that that resolution has been there, that the Commission at least
acknowledge that Commissioner Regalado and Commissioner Gort would be the two co-chairs off that
Boundaries Commission, which has been here now for two meetings, and I would so move that.
Commissioner Sanchez: Second
Vice Chairman Gort: There's a motion and there is a second. Is there any further discussion? Being
none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-987
A RESOLUTION OF THE MIAMI CITY COMMISSION,
APPOINTING COMMISSIONERS WIFREDO GORT AND TOMAS
REGALADO AS CO-CHAIRPERSONS/MEMBERS OF THE MIAMI
JURISDICTIONAL BOUNDARIES COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
349 December 14, 1999
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner JohnnyL. Winton
NAYS: None.
ABSENT: None.
83. AUTHORIZE MANAGER WITH EMERGENCY POWERS UNTIL JANUARY 3, 2000, AS TO
PONCE; DIRE, PLANNING, ZONING AND PUBLIC WORKS ISSUES TO ENSURE THE SAFETY
AND WELFARE OF THE CIT&ENS OF THE CITY OF MIAMI, RELATED TO CONCENTRATING
0 THE ;PROVISION OF ESSENTIAL PUBLIC SAFETY SERVICES AND EXPEDITIOUS
:kDMiN18TRATIV E.REVIEW, PROCESSING AND ISSUANCE OF PERMITS, WITH PARTICULAR
A'TTENTION BEING GIVEN TO THE ACTIVITY CORRIDOR CURRENTLY EXISTING WITHIN
tft BbUNDARIES _OF.'THE DOWNTOWN DEVELOPMENT AGENCY AND ADJACENT
ENViRUNS.
Commissioner Teele: Mr. Chairman, there are 2 issues that I want to raise that are very important, and I
think Commissioner Gort and Commissioner Winton have a specific issue -- knowledge of this. There is
a lot of things happening right now, and I think Commissioner Sanchez said it best. That was a horrible
quasi-judicial thing. I mean, it really over shadows -- you know how the media will do it. It will be the
negative. We should all be having champagne. We should be celebrating. This is a great moment for
Miami. Seven hundred and fifty thousand people are expected to be downtown. We have a Police
Department and a Fire Department and Public Works and Sanitation that are competent and capable to do
that. I would like an ordinance or a resolution, I'm told by the attorney, because there are some court case
-- and I don't know where Joel is -- but I would like an ordinance -- a resolution that would grant to the
Manager, during this same ten day period of time, from now until the next Commission meeting,
extraordinary powers and acknowledging his police jurisdiction, specifically -- I'm talking not about
police, but public safety jurisdiction -- that this Commission acknowledges your powers and urging you
to use your powers, Mr. Manager, in the area of building, in the area of zoning, in the area of planning,
public works, police, fire and safety, to the maximum extent, and if it requires ratification of any action
that you take, bring it back here to basically ensure that Miami looks like Miami and Miami functions like
Miami. There are a series of issues associated with lighting, associated with parking, associated with
drainage, associated with safety, that have been brought to me by business people in the redevelopment
area that, quite candidly, that things -- without pointing fingers, things just haven't moved through the
process over the last six months smoothly. Now, all of a sudden, we've got crisis after crisis, permits are
needed, and I would urge you, Mr. Manager, to use whatever authority you have -- and Mr. Attorney, if
you would read it into the record -- to make sure that this thing goes off smoothly. If we've got to let
somebody park on a railroad track, like you all have been doing over there at the arena illegally for the
last ten years, and those are illegal parking by the way. And I don't know if they are -- if you've got to do
some off that, go ahead and do it, as far as I'm concerned. Let us function not on a bureaucrat particular
maze but in a common sense approach to help this City present itself. And, Mr. Attorney, if you would
read that into this record. It grants the Manager extra ordinary powers or recognizes your powers and
urges you to use them in the granting of permits and issuing waivers and doing what is necessary, sort of
like what Commissioner Sanchez is trying to do over here with the Bayfront area, which I commend you
350 December 14, 1999
f
t
on in the entire Biscayne area, between 395 and the Miami River and over to 95, in that whole CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority), downtown, Omni
area. Mr. Attorney.
Mr. Alejandro Vilarello (City Attorney): Well, Commissioner, you embellished a little bit on what we
had prepared and we would be more than happy to reduce that to a resolution but, essentially, you are
directing the City Manager to use any powers that he may have, even if it might require ratification by the
City Commission at a later date, to protect the public safety and welfare of the citizens of the City during
the next 10-day period of time.
Commissioner Sanchez: Ten-day period of time.
Commissioner Teele: Next 20-day period of time.
Commissioner Sanchez: Next 20-day period. We're basically focusing on Y2K (Year 2000)
Commissioner Teele: And I would move that, Mr. Manager. And, basically, what I'm saying is,
whatever you do, as far as I'm concerned, as long as it's for the good order and if you are going to help
out with the Miami Heat, specifically, if you are going to help out any of these vendors, whatever, if they
are sidewalk vendors, I'm not going to be mad if you all determine if that is what it ought to be, and I
would hope that the Commission would agree that that is what we ought to do during this period.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Gort: Second. Further discussion? Being none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO.99-988
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING AND DIRECTING THE CITY MANAGER TO FULLY
UTILIZE ANY AND ALL LEGALLY AUTHORIZED AND
EMERGENCY POWERS UNTIL JANUARY 3, 2000, AS THEY
RELATE TO POLICE, FIRE, PLANNING, ZONING AND PUBLIC
WORKS ISSUES TO ENSURE THE SAFETY AND WELFARE OF
THE CITIZENS OF THE CITY OF MIAMI, RELATED TO
COCENTRATING ON THE PROVISION OF ESSENTIAL PUBLIC
SAFETY SERVICES AND EXPEDITIOUS ADMINISTRATIVE
REVIEW, PROCESSING AND ISSUANCE OF PERMITS, WITH
PARTICULAR ATTENTION BEING GIVEN TO THE ACTIVITY
CORRIDOR CURRENTLY EXISTING WITHIN THE BOUNDARIES
OF THE DOWNTOWN DEVELOPMENT AGENCY AND ADJACENT
ENVIRONS; FURTHER DIRECTING THE CITY MANAGER TO
351 December 14, 1999
REPORT SAID ACTIONS TO THE CITY COMMISSION FOR ITS
REVIEW AND SUBSEQUENT RATIFICATION, IF REQUIRED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
EPOR'P OF AUDITADVISdRY COMMITTEE; CREATE INDEPEND$NT AUDI1`OR
LECTION COMIvIITT1SE : TO SOLICIT' NATIONALLY FOR. CAN .FOR
INDEPENDENT, AUDITOR GENERAL; DIRECT. `MAN
ACRR; ATTORNEY AND
'RRSENT kECOMMENDATIONS REGARDING PLAIN AS TO FUNCTI(?NS,
MPENSATION,
Commissioner Teele: Chairman, finally, the only other issue is a very important issue. On January 1, like it
or not, there is a new office created known as the Independent Auditor General by the voters. Now, this
Commission, again, hasn't done anything. The voters have spoken but we'c been dealing with bid protests,
et cetera. I would move -- Mr. Attorney, if you would read it into the record. We had -- Commissioner
Sanchez, had an Audit Committee report submitted on December l3th, which had a number of findings.
Among those findings were that the current Internal Auditor has a doctorate degree in Business
Administration, is a Certified Public Accountant, licensed to practice, a Certified Internal Auditor, and they
are recommending that he be given the appointment of the Independent Auditor General for the initial
18-month period of time. The resolution that I would offer is that we confirm the Audit -- our Audit
Committee's findings as it relates to that; and, further, appoint the Audit Committee, along with
Commissioner Sanchez, who has an audit background, to seek out a permanent Auditor General that will take
effect within 18 months. And, Mr. Attorney, if you would read that into the record.
Mr. Alejandro Vilarello (City Attorney): Commissioner, just one employment issue, of course. If he comes
-- if Mr. Igwe does become the Independent Auditor General, even in the interim period, of course, that
would require a resignation from his current position, at his discretion.
Commissioner Teele: At his request. Subject to him, yeah.
Mr. Vilarello: The resolution, essentially, would be accepting the report of the Audit Advisory Committee
and appoint an Audit -- Independent Auditor General Search Committee, which would consist of the Audit
Advisory Committee and Commissioner Sanchez to fill the position, effective, I believe it's November 2001,
would be the first full -term of the Independent Auditor General. Additionally, during the interim period, that
any employees brought into the Office of the Independent Auditor General, the employees, which are career
Civil Service employees.
352 December 14, 1999
Commissioner Teele: That is, no exempt appointments?
Mr. Vilarello: No exempt employees.
Commissioner Regalado: What do we need it for 18 months, instead six months? Instead of...
Commissioner Teele: Because the law. The law that we passed. The Charter provision that we passed
provides a very clear issue, that once a person is put in that job, they cannot be removed.
Vice Chairman Gort: For two years.
Commissioner Teele: ... for four years.
Vice Chairman Gort: For four years.
Commissioner Teele: Except the initial appointment, which will be for 18 months.
Commissioner Sanchez: Now, is there any language in there that the interim individual cannot continue to be
or hold that position?
Commissioner Teele: No.
Commissioner Winton: What do you mean?
Commissioner Sanchez: Well, whoever's going to be the interim.
Commissioner Teele: There's no language in...
Mr. Vilarello: Do you mean, whether the interim would be allowed to apply for the permanent position after
November...
Commissioner Sanchez: Correct.
Mr. Vilarello: No.
Commissioner Sanchez: No, he could not?
Vice Chairman Gort: He can, if lie wants to.
Commissioner Teele: He can, if lie wants to. It's up to us. I mean...
Commissioner Sanchez: Well, I think there should be a motion that the interim should not hold the position.
So moved.
Commissioner Winton: Repeat that, please.
Commissioner Sanchez: Whoever's going to be the interim...
Vice Chairman Gort: Wait a minute. There is a motion. Is there a second to the motion, the original motion?
Is there a second?
353 December 14, 1999
Commissioner Winton: For second -- discussion, second.
Vice Chairman Gort: Second. Discussion.
Commissioner Winton: My question is, if -- now, when I heard the Audit Committee's report the other day, I
heard a recommendation that suggested that the function for this Independent Auditor and the fimction of
Internal Audit for the administration be combined into one.
Commissioner Teele: Exactly.
Commissioner Winton: Now...
Commissioner Teele: That was the legislative history, too, by the way. The legislative history and the debate
on this was clear from all of the issues -- persons that studied this, that if this office is created, that the
existing office of the Independent Auditor would be shifted, budget wise and personnel wise, and those
functions would shift there.
Commissioner Winton: Well, it...
Commissioner Sanchez: To the Independent Auditor?
Commissioner Teele: To the Independent Auditor.
Commissioner Winton: It seems to me that -- that doesn't seem logical to me in government.
Commissioner Sanchez: And neither does it do to me.
Commissioner Winton: It seems logical to me, maybe in the private sector, where you only have one primary
audit function, but this is a legislative process that we deal with but, in addition, you have an operation
system here and, frankly, I think operations needs their own internal, independent, auditing people to help
them with that entire process, and to shift it...
Commissioner Teele: Commissioner, if you would yield on that point? You're absolutely right. And that's
why, when you go back -- and if the Clerk would pull up the legislative discussion and debate -- the Office of
Management and Budget was specifically targeted to receive that enhanced function, where that function
ought -- where the concurrent function already rests and where that function is in most governmental
agencies today. The Office of Management -- or if you look at, say, even Dade County or the Broward
County structure, which this is drafted from, it exists exactly that way today.
Commissioner Sanchez: Mr. Vice Chair, if I may? Listen, it's a two, completely different functions. The
Auditor General will, basically, specialize in Internal Audit. As, you know...
Commissioner Teele: Internal Audit?
Commissioner Sanchez: Pertaining to business. The Independent Auditor, you know, deals more with the
governmental aspect of things. So, I think that both are completely different functions. I mean, to combine
them both together would not -- does not make sense to me.
Vice Chairman Gort: Neither do I.
354 December 14, 1999
Commissioner Teele: Well, I think -- you know, it's very interesting. I've seen the memo, too, and the
timetable, too, you know, that's out here. The fact of the -- that, in effect, would have this to be implemented,
I think, around March the 26th, 27th and, with all due respect, we're the legislators and if we want to concede
or yield our authority, then, that's fine for some but that's not fine for this Commissioner. The discussion, the
debate, the legislative history of this and -- which I'll be very happy to ask the Clerk to share with you - has
been and continues to be the fact that the Internal Audit function, the Office of Management and Budget
functions have had, and currently have, a tremendous overlap. Any internal or management audit functions
that are exterior to the Finance Department, OK, are carried out in most offices in the Office of Management
and Budget. That's the way it is at the County. That's the way it is at the Broward County, City -- what is it,
City of Fort Lauderdale or -- where was this drafted from, largely?
Mr. Vilarello: I don't know. It was probably a northern city. I don't -- was it Broward County?
Commissioner Teele: Broward County. This is not, you know, like a unique Miami creature. This is
something that is going on all over the country. I'm not sure what the issue is. To me, the bigger issue is the
External Auditor and does the External Auditor report to the -- is that contract managed through the Internal
Audit Office or is it done through the Office of Finance now, as it is in the County? That is a much bigger
issue, to me. But however you want to deal with it, you know, we need to deal with it. But we don't need to
keep putting issues like this that are our responsibility, not the Manager's, not the Mayor's. Because the one
thing that you're going to understand, I think, in the end is, if you don't have an Independent Auditor
General...
Commissioner Sanchez: No, we will. We have to.
Commissioner Teele: If you don't have that function or if that function is not genuine and real, if you don't
have a check and balance, if you will, on the Mayor, and if you don't staff that office properly, you basically
will consign this Commission to becoming -- receiving memos like this, after the fact.
Commissioner Winton: Commissioner Teele, I don't think I'm...
Commissioner Sanchez: Commissioner Teele?
Commissioner Winton: I'm not arguing the point about whether or not we move forward with and get the
Independent Auditor in place. I'm not arguing that point, at all, because the voters have spoken. So, I'm
perfectly -- I'm very much in favor of that point. However, my opposition is simply to taking that function
that's currently provided internally and merging it into the Internal Auditor's office, and that's my opposition
to this. I'm not opposed to getting the Independent Auditor up and running. Not opposed to that, at all. I'm
just opposed to taking the City's current function and moving it.
Commissioner Teele: Well, you know, I -- I think we should do. I think, what we should do is make a
temporary appointment of the Independent Auditor General; let that person -- and give him sufficient staffing,
et cetera, from the Attorney's Office and the Clerk's Office, and let that person meet with the Manager and the
City Attorney and the Clerk and they come back and give us a written recommendation on January 14th?
Commissioner Winton: Fine.
Commissioner Sanchez: Fine.
Commissioner Sanchez: With the language in there that the interim -- Independent Auditor shall not hold the
position.
355 December 14, 1999
Commissioner Teele: What does that mean?
Commissioner Sanchez: Well, when we decide to hire somebody, he can't apply for it.
Commissioner Teele: Why?
Vice Chairman Gort: Why? If he wants to apply for it...
Commissioner Teele: I think that's the most -- I mean, of all the things you've ever said, that's the only thing
that doesn't make sense to me. Of everything you've ever said here. You've said a lot of good stuff.
Commissioner Sanchez: It makes sense to me. Because if it's going to be on an interim base...
Commissioner Teele: I think we should have a national search. I think a part of the national search should be
- and I want you to chair it. But I'm telling you this...
Commissioner Sanchez: Commissioner Teele that is my motion. If it's supported -- it's not. My motion is
that, whoever holds the position interim, should not apply for the position. I'm just using it as a safeguard that
I feel that I'm acceptable to present here, today.
Commissioner Teele: Is there a second to it?
Vice Chairman Gort: Question.
Commissioner Teele: That's riot a part of my motion. I would accept the motion, if it is moved and
seconded. But I would hope no one would second it. I really would.
Commissioner Sanchez: Is there a second?
F
Commissioner Teele: I mean, it doesn't make sense to ask -- to have a requirement...
Vice Chairman Gort: Excuse me. Excuse me. Is there a second?
Lacks without -- dies for lack of second.
Commissioner Teele: I move the main motion, as amended...
Vice Chairman Gort: Question. Under discussion. My understanding is, you stated before that this person,
that has the interim, would have to resign and would not be able to come back. Let's clarify that because I
don't want anybody to lose their job.
Mr. Vilarelio: There's two issues that I need to address. One is with regard to that individual. In order to
become the Independent Auditor General, who reports to the City Commission, lie would have to resign his
current position as a City employee. I don't know what the terms and conditions of employment are with
regard to salary, benefits, et cetera. And, moreover, in order to provide him with the staff that might be
necessary, as consistent with the Charter question, there will have to be necessarily some amendments to...
Commissioner Teele: The budget.
Mr. Vilarello: ...the current office of Internal Auditor...
Commissioner Teele: The budget.
356 December 14, 1999
'Y�cT1'
Mr. Vilarello: And the budget.
Commissioner Teele: And my motion is, essentially, to designate the current director of Internal Auditor as
the Interim Auditor General, subject to coining back at the next Commission with all of the issues being
worked out and subject to him making the determination, at that time, as to whether or not lie accepts the
appointment. But in the interim, the City Attorney, the City Clerk, the Manager and the Interim Auditor
General are to come back with a report to us on the functions, the staffing, the pay, the recommendations,
including the necessary budget ordinances. Is there a problem with that?
Mr. Vilarello: Commissioner, the only concern that I have is that we're asking someone to make a choice
with regards to a job that we don't have established the compensation and.
Commissioner Teele: But we haven't -- we're not going to do that until the next meeting. All we've done is
designated that person to come back to us and designated him as the interim. But it's up to him. If he says, I
don't want the job or she says, I don't want the job...
Mr. Vilarello: Now, i understand, Commissioner. i think the direction needs to be that the City Clerk, the
City Attorney and the City Manager to come back with a report. The City Manager would appoint, at his
discretion, the independent -- I mean, the auditor -- the Internal Auditor to come back with a report to the City
Commission on the l3th. I think that would be the appropriate...
Commissioner Teele: That would be fine with me.
Vice Chairman Gort: At the same time, we're going to come out with the RFQ (Request for Qualification)
for the national search and to bring someone...
Commissioner Teele: Well, that's not a part of this motion. I mean, the basic motion would be...
Commissioner Sanchez: Have somebody in place.
Commissioner Teele: Is to have somebody in place. We've got to have somebody in place for the next year,
OK? It's going to take six months to have an intelligent process. This requires a CPA of at least ten years.
You're going to be dealing, hopefully with "Big Eight" firms that are going to, basically, try to -- we're going
to try to bring somebody in here from Barto -- where did -- by the way, how is the Finance Director? Is she
fine?
Mr. Warshaw: She's recovering from surgery.
Commissioner Teele: Please give her our prayers and best wishes. But someone like Julie, who came in from
a city somewhere else, that's had these experiences.
Mr. Warshaw: Let me -- if I can just ask a question. Hypothetically, assuming that the current director of
Internal Audits becomes, on an interim basis, the Auditor General, and resigns, understanding what I'm
hearing and sharing with you some of my own thoughts about some of the things that the Internal Audit
function does now, and whether or not that's going to continue to happen, you know, after March, I would
want immediately to appoint another director of Internal Audits, if Mr. Igwe, the current director, decides to
become the Auditor General.
Commissioner Teele: But we're not going to do anything until January 13, and you would have that authorit at that time. - y
357 December 14, 1999
i.
I
�
`
t ')
;!y
Commissioner Winton: And that's what Commissioner -- I think that's what Commissioner Teele was
saying, is that you're going to bring us back the recommended plan that deals with these issues at the January
13th board meeting, is that correct?
Commissioner Teele: Exactly.
Vice Chairman Gort: OK. Do you need a motion for that or...
Mr. Vilarello: If the Commission wishes to make a direction, that's all right.
Commissioner Teele: It's been moved. I accept the rest of it as amendments.
Commissioner Sanchez: There's not been a vote on my appointment?
Commissioner Teele: You didn't get a second.
Commissioner Winton: Second.
Commissioner Sanchez: For my appointment? Was there a motion for my appointment?
Commissioner Teele: For what?
Commissioner Sanchez: For my appointment to...
Commissioner Teele: That's a part of the motion. That the Audit Committee, plus yourself, would chair up a
Selection Committee for the one he read --1 think it's January 2000 -- that would include, at a minimum, a
National Search.
Vice Chairman Gort: OK. All in favor state by saying "aye."
The Commission (Collectively): Aye.
Vice Chairman Gort: No nays.
358 December 14, 1999
0
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-989
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE REPORT OF THE AUDIT ADVISORY
COMMITTEE; CREATING AN INDEPENDENT AUDITOR
GENERAL SELECTION COMMITTEE TO SOLICIT NATIONALLY
FOR CANDIDATES FOR THE POSITION OF INDEPENDENT
AUDITOR GENERAL; DIRECTING THE CITY MANAGER, CITY
ATTORNEY AND THE CITY CLERK TO PRESENT THEIR
RECOMMENDATIONS AT THE JANUARY 13, 2000 CITY
COMMISSION MEETING REGARDING A PLAN AS TO TH E
FUNCTIONS, STAFFING, COMPENSATION AND OTHER
PERTINENT INFORMATION FOR THE OFFICE OF
INDEPENDENT AUDITOR GENERAL, BOTH ON AN INTERIM
AND .PERMANENT BASIS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None,
ABSENT: Commissioner Tomas Regalado
85 APPOINT VICECHA1RMAN.GORT AS MEMBER OF THE BOARD OF DIRECTORS. OF THE
LORIDA LEAGUE.OF CITIES.
Vice Chairman Gort: I have one question. I've been appointed by the - since I'm the president of Miami -
Dade League of Cities, I was appointed to the Florida League of Cities, board of directors. I need an
appointment from you all.
Commissioner Teele: Second the motion. So moved. Move the appointment of Commissioner Gort as a
czar of the League of Cities for the City of Miami
Vice Chairman Gort: Any further discussion? Being none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
359 December 14, 1999
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-'990
A RESOLUTION OF THE MIAMI CITY COMMISSHON APPOINTING
COMMISSIONER WIFREDO GORT, VICE-CHAIRMAN OF THE MIAMI
CITY COMMISSION, AS THE CITY OF MIAM REPRESENTATIVE TO
THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: None.
$6 AUTIORIZE"MANAGER TO ENTER INTO AGREEMENT WITH COCONUT GRO
VE CARES,
INC. FOR -'PRESENTATION OF ANTIQUE AND JEWELRY SHOW AT COCONUT GROVE
CONVENTION CENTER.
Vice Chairman Gort: You have...
Commissioner Winton: I have one more quick issue that has to get done.
Commissioner Teele: No, this is it.
Vice Chairman Gort: No, I'm not coming back. I want to take this --
Commissioner Winton: Commissioner Sanchez, hold on one second. This will take one second.
Vice Chairman Gort: Go ahead.
Commissioner Winton: We wanted to get this issue last time. This is a revenue opportunity for the City.
Apparently, there was a conflict of dates within Coconut Grove -- for the Coconut Grove Convention
Center between two organizations. Those organizations, in conjunction with the City, have been
360 December 14, 1999
f
4
r'„
negotiating the battle lines here over who gets the date. There was a settlement. And th
essenre, gives an organization that's never had this particular slot of dates before that slot. A
willing to do; the City will make sixty-five thousand dollars ($65,000) more b giving a settlement, in
organization than it would the Prior one. And they are
stipulation and that is that the City reduce its fee charged to that organizationy g ng the slots to this
And the prior organization has agreed to that. There is only one
thousand five hundred dollars ($5,500) for the use of the Convention Center., So..
by one half, which is five
Vice Chairman Gort: Coconut Grove Convention Center.
Commissioner Winton: Yes. And they have all agreed. So, the net revenue plus to the City is fifty-nine
thousand five hundred dollars ($59,500) and all the organizations are in favor.
Commissioner Teele: Second the motion, subject to th
recommendation. e Manager's approval -- Man
ager's
Vice Chairman Gort: It's been moved and second. Is there further discussion?
Commissioner T eele:
Manager recommends it?
Mr. Warshaw: Not a problem.
Vice Chairman Gort: Okay. All in favor state by saying aye.
The Commission (Collectively): "Aye
.11
The following resolution was introduced by Commissioner Winton, who moved '
its adoption..
RESOLUTION NO. 99-991
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT (S), AUTHORIZING
ENTER INTO AN AGREEMENT THE CITY MANAGER TO
ATTACHED FORM, WITH COCONUT GROVE ACRES,IN SUBTANTIALLY INC. FTHE
OR
THE REPRESENTATION OF AN ANTIQUE AND JEWELRY SHOW
TO BE HELD AT THE COCONUT GROVE CONVENTION CENTER
ON JANUARY 19-24, 2000, SUBJECT TO TERMS
CONDITIONS AS SET FORTH IN THE AGREEMENT, WHICH
INCLUDES AUTHORIZATION FOR A FEE REDUCTION FOR USE
OF THE COCONUT GROVE CONVETION CENTER.
(Here follows body of resolution, omitted here and on file in the Office of the
City Clerk.)
361
December 14, 1999
N
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regaiado
Vice Chairman Gort: First of all, I want to thank all of you for the --
Mr. Vilarello: Commissioner?
Vice Chairman Gort: -- for all the work you've done in this century and, hopefully, you all have a safe
holiday and Merry Christmas and Happy New Year, and you all be back next year. Thank you all and
have a good one.
•n.u;.,rtcvv:,, C UNF7IZIyI 10'IANAGER9S FINDING OF EMERGENCY, WAIVE
RE [lIlilEIVIENTS FOR COMPETITIVE SEALED' BIDS, APPRO
C0VE REPAIRS TO AIR
GONDITIt NING 1VAE1�ISING UNIT . AT POLICE DEPARTMENT HEADQUARTERS
I�TJILDINO, ��` �ARRIEIt .CORPORATION, ($5,73�; ` ALLOCATE FUNDS FROM POLICE:
GEIVEkAL.OPERATING:'BUpGET.
Mr. Alejandro Vilarello (City Attorney): Commissioner, I have three items I have representations federal courtjudge. I need the City Commission to, at least, act on these items. before a
Commissioner Teele: What are the three items?
Mr. Vilarello: Well, one item is the settlement that was presented previously with regardS to Janeka Brown,
involving the death of Richard Brown.
Commissioner Teele: Do we have a written report from you on that yet? This Commission directed you to
wFr
meet with the State Attorneys Office and, further, to meet with the City Manager to determine whether or not {
there are appropriate safeguards to ensure that an incident like this could never happen again. We were told Rom;
by the Manager, we can't get that. I'm waiting on a written report that basically details and outlines how this
happened and why -- what we've done to ensure that it will not happen again.
Mr. Vilarello: Commissioner, I did speak with the prosecuting attorney that brought this matter before the
inquest and had a lengthy discussion with her on the issue. I did not reduce that to a written report to the City
Commission; however, a full discussion and evidentiary hearing was held on this matter. And with regard to
the issues before the judge and the inquest, there was a finding -- there was no finding of any criminal
conduct on the part of the police officers. The Court concluded that there was not a reasonable ground for
believing that the death of Richard Brown was caused by a criminal act; however, of course
the matter
before you today is not any criminal proceedings, but the civil action and tile liability C�tj.e potential for liabili �ofthe City.
362 December 14, 1999
0 (D
Commissioner Teele: Mr. Attorney, Mr. Manager, my issue is very simple. Before we approve this, we need
to be able to say to ourselves -- we're spending -- how much money you're asking us to spend?
Mr. Vilarello: Two point five million dollars ($2,500,000)
Commissioner Teele: Two point five million dollars ($2,500,000). We ought to be able to assure to
ourselves that a similar incident -- that there are -- we're not talking about criminal conduct. We're not even
talking about civil penalties. We're talking now about internal procedures and we need to know what
safeguards have been put into effect to ensure -- in writing at this point -- to ensure that this type of incident
can never happen again in the City of Miami. I just think that's reasonable. You know, nobody wants a
Citizen's Review Board. That's what you would normally have in an outside Citizen's Review Board. We
have an Internal Affairs process. We need somebody to come in here and write a strong Internal Affairs
memo, not talking about any police officer by name, but training, but counseling, files, new procedures.
Those are the things that we need. At least, I...
Mr. Vilarello: Commissioner, certainly, we can proceed with that. I do need to advise you that, if this matter
isn't dealt with today, there is no assurance that, one, the matter will be able to be settled or that, in the interim
basis; we won't be called upon to go to trial.
Commissioner Teele: I would move -- so that there's an action -- that the action be set for a final decision on
January 13th, pending a full written report by the Manager on the After Action Reports and the decisions and
the procedures that had been put -- and safeguards that had been put in place to ensure that an incident like
this will never happen again. Two point five million dollars ($2,500,000) is a lot of money to spend if you're
not -- I mean, we've got to be accountable for this.
Mr. Vilarello: Actually, there's been a motion made. If this motion proceeds, certainly, we will make that
representation to the Court and I will make represent to the Court that, because of the significant amount of
dollars involved in the case, the City Commission has asked for additional information. At this point, the
motion asks for it in writing. We can't comply with that at this point, unless the Commissioner's willing to
accept that information orally today.
Commissioner Teele: Orally on a two million dollar-- two point five million dollar ($2,500,000) vote?
Mr. Vilarello: I'm not suggesting, at all, that...
Commissioner Teele: No. We need this in writing.
Commissioner Winton: Second.
Commissioner Teele: I think a motion is instruct -- is helpful in the sense that the Court knows that an
action...
Mr. Vilarello: Absolutely. I do need that -- I need some level of action.
Vice Chairman Gort: It's been moved and been second. All in favor state by saying "aye."
The Commission (Collectively): Aye.
363 December 14, 1999
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The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.99-992
A MOTION STATING THAT JANUARY 13, 2000 WILL BE THE
DATE FOR A FINAL DECISION BY THE CITY COMMISSION
RELATED TO PROPOSED SETTLEMENT IN THE RICHARD
BROWN CASE; FURTHER DIRECTING THE CITY MANAGER TO
BRING BACK A REPORT IN WRITING OUTLINING SAFEGUARDS
TO BE IMPLEMENTED IN ORDER TO PREVENT THIS TYPE OF
INCIDENT FROM HAPPENING AGAIN.
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Commissioner Johnny L. Winton
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
88- DISCUSS .AND ;TABLE CONSIDERATION OF PROPOSED ENGAGEMENT BY THE; CITY
ATTORNEY, ON BEHALF C?F MIAMI SPORTS AND EXH MITION AUTHORITY (MSEA), OF THE
liAW .FIRM (OF VERNER, LIIPFIRT, BERNHARD, MCPHEARSON &HAND TO REPRESENT
MSEAr IN THE CASE OF DEC LTD, A TEXAS LI ITED PARTNERSHIP VS. CITY OF
Commissioner Teele: You had two others, you said?
364 December 14, 1999
Mr. Alejandro Vilarello (City Attorney): Yes. The other two items, Commissioner, one involves the
retention by the Miami Sports and Exhibition Authority of outside counsel to represent us in this Decotna
litigation. As you know, I served as general counsel. At one point in time, there became a conflict when
there was a claim made by the Sports Authority against the City. That created a conflict where I could
not continue in the representation.
Commissioner Teele: Is MSEA (Miami Sports and Exhibition Authority) going to pay the bill?
Mr. Vilarello: MSEA is paying the bill.
Commissioner Teele: Who is the law firm?
Mr. Vilarello: The law firm is the law firm of Verner (Phonetic), Clifford, Bernard McPerson.
Commissioner Winton: Move it.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: There is only three of us. I guess that means no.
Vice Chairman Gort: Is there a second?
Commissioner Teele: Could we go to the next item, please? Mr. Chairman, please.
Vice Chairman Gort: What is the other item?
89, AUTHORIZE FINAL,PAYMENT ($30,000) OF FEES TO LAW FIRM OF DANIELS, KASHTON
Bc,FORTIAItIS, A. IN. THE CASE OF GREGORI INTERNATIONAL' OF FLORIDA, INC. VS. THE
CITY OF IyIIAMI, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND.
Mr. Alejandro Vilarello (City Attorney): The next item, Commissioner, is in the matter of Gregory
International. The law firm of Daniel, Cashton, Fanoyer (phonetic) has been representing the City in this
matter. At this point, I am bringing that case back in-house, and this represents the last invoice to the law
firm and we will continue to represent the City in-house.
Commissioner Teele: I would so move, Mr. Chairman.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Winton: Second.
Vice Chairman Gort: Further discussion?
Commissioner Teele: What's the total amount of the invoice that we are paying?
365 December 14, 1999
Mr. Vilarello: The balance of the invoice is slightly below the amount that I've asked for, over thirty
thousand dollars ($30,000).
Commissioner Teele: And what's the total amount that we've paid out?
Mr. Vilarello: The representation, I believe, has been approximately hundred and twenty thousand dollars
($120,000) at this point.
Commissioner Teele: So, after 120,000, we're going to do it in-house?
Mr. Vilarello: Commissioner, I -- this is one of those cases that I --
Commissioner Teele: You are representing to us that we can save money by doing this in-house?
Mr. Vilarello: Yes, sir.
Commissioner Teele: And this is something you strongly recommend?
Mr. Vilarello: Yes, sir.
Vice Chainnan Gort: Further discussion? Being none, all in favor state by saying aye.
The Commission (Collectively): "Aye."
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 99-993
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE FINAL PAYMENT OF FEES TO THE LAW FIRM OF DANIELS,
KASHTAN&FORNARIS, P.A. ("DANIELS"), FOR LEGAL SERVICES
PROVIDED TO THE CITY OF MIAMI IN THE CASE OF GREGORI
INTERNATIONAL OF FLORIDA, INC. VS. THE CITY OF MIAMI, IN THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, CASE NO. 97-
16935-CA (20); ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT
TO EXCEED $30,000, FROM THE SELF-INSURANACE AND INSURANCE
TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661 FOR SAID
SERVICES.
366 December 14, 1999
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Joe Sanchez
Commissioner Tomas Regalado
(A}bIU1IENTs CONIrERNIr1G STRATEG�'.l•OR PARKING I:ITIGATION;
B) I?RESS RELEASE POSITIVE MESSAGE - HOLIDAYS - MEDIA RELATIONS.
Commissioner Teele: Mr. Chairman, on the matter of the parking litigation with the county. Has -- is the
attorney involved in that and how is that proceeding?
Mr. Alejandro Vilarello (City Attorney): That --
Commissioner Teele: I just want to say, Mr. Chairman -- and you and Commissioner Winton represent,
you know, the three of us. Represent about 90 percent of all of the parking money that's going to get
collected in this whole town. Between the Grove, downtown, as it relates to the DDA (Downtown
Development Authority), Jackson Hospital, and the Omni, Park West area -- and we need to pay very
close attention to this and we need to took at this totally different because we are balancing our budget,
Johnny, on this parking revenue. This is very, very important. And one of the things that I would hope
the Manager and the Building and Zoning Director and the Planning Director - Mr. Manager, this is really
very important. One of the things that I would hope you and the Planning Director, the Building &
Zoning Director, the Planning Director, the Executive Director of the DDA, the Executive Director of the
CRA (Community Redevelopment Agency), I really wish you all would meet and develop a very
aggressive strategy on parking. I was told by an attorney last night that we probably have left about three
hundred thousand dollars ($300,000) of parking revenues on the table because we have such a permitting
process that is literally working against us in terms of getting these parking things done, and that's why,
when the Cedar's people came here the other day, I was enthusiastic about improvements because that's
money to us. Every parking lot represents twenty percent money to us. That is the most important cash
thing that we're doing. And, so, the litigation of the County, which we have not really been briefed on --
and I would hope we can get a written report on this -- is a very serious matter.
Mr. Vilarello: Commissioner, they are, in fact -- we have filed a motion to dismiss in that case, and the
status of the case hasn't changed significantly since its initial filing. That's why there has not been a
follow up report on it. With regard to the other pending-- similar litigation, the McGratf litigation, we, in
fact, filed a motion to dismiss, which was granted and they have filed an amended complaint. So, the
status of the case has not changed significantly enough to provide you further information.
Vice Chairman Gort: Okay.
367
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December 14, 1999
Commissioner Teele: Mr. Chairman?
Vice Chairman Gort: Yes.
Commissioner Teele: I would like to wish you and my colleagues, staff a very happy holidays. And,
again, I really think that we should be grateful. This is a time of joy. The City of Miami, I think is poised
right now with the American Airline Arena and the excitement that is going on. I had my first meeting, as
a Commissioner, with the DDA staff yesterday and I can tell you that there is so much enthusiasm in the
downtown community. I really do think we ought to focus in on some of the positive things, and I would
hope that the Manager and the media relations office could put out some press releases and put us in a
position for some positive spin about some of the things that are going on. And God bless you, Mr.
Manager, and the entire City family.
Vice Chairman Gort: Thank you. Do I have a motion to adjourn?
Commissioner Teele: So moved.
Commissioner Winton: So moved.
Vice Chairman Gort: Thank you. You all have a good one.
The following motion was introduced by Commissioner Winton, who moved its adoption:
MOTION NO. 99-994
A MOTION TO OFFICIALLY ADJOURN THE DECEMBER 14, 1999
COMMISSION MEETING, WHICH HAD BEEN CONTINUED TO
DECEMBER 17, 1999.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Joe Sanchez
Commissioner Johnny L. Winton
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
368 December 14, 1999
4
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THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE
MEETING WAS ADJOURNED AT 12:08 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JOECAROLLO
MAYOR
(S E A L)
369 December 14, 1999